FINACT2014A-1202-ROC.pdf

2014A-1202-ROC · Registrar of Contractors · 2014-06-30

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Registrar of Contractors ) CASE NO: 2014-1202 ) COMPLAINANT ) ) DOCKET NO. 2014A-1202 -v- ) ) Gemstone Landscape, LLC ) ORDER License No. K-21.222011-D ) ) RESPONDENT ) The Registrar adopts the Administrative Law Judge's attached Recommended Findings of Fact and Conclusions of Law no. 1. The Registrar rejects the Administrative Law Judge’s Conclusion of Law no. 2, and instead inserts the following: “2. Respondent consented to the terms of the agreement reached and entered into the record during the June 4, 2014 hearing.” The Registrar rejects the Administrative Law Judge’s attached Recommended Order and instated: IT IS ORDERED that Respondent’s License No. K-21.222011-D is suspended for a period of one (1) day. IT IS FURTHER ORDERED that Respondent’s License No. K-21.222011-D is suspended unless or until, Respondent provides, and the Registrar accepts, written proof that its contract and other documents are in compliance with A.R.S. § 32-1158(B). Jurisdiction: The Respondent consented to the entry of an order imposing a suspension of its license as set forth in the record at hearing. Further, Respondent was found to have violated A.R.S. 32- 1154(A)(13) namely, A.R.S. § 32-1158(B). Such a violation warrants provisional discipline to be corrected to the Registrar’s satisfaction. Note: Respondent submitted a revised contract form to the Registrar after the hearing in this matter. This contract form does not meet the requirements of § 32-1158(B). If Respondent fails to correct the deficient contract form prior to the effective date of this Order, as set forth above, the suspension will not be lifted. Based on this Decision, the Order, as modified, shall become effective on August 6, 2014. /// /// ///

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 IT IS SO ORDERED this 27th day of June, 2014.

Registrar of Contractors

/s/ Marc A. D’Amore __________________________ Marc A. D’Amore Chief of the Legal Department

Copy mailed via USPS First Class mail this 27th day of June, 2014 to:

Respondent Gemstone Landscape LLC 19725 W. Magnolia St. Buckeye, AZ 85326-6606

AND

Tim and Marli Bea Patterson 16361 W. Pima St. Goodyear, AZ 85338-2455

AND copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Esq., Assistant Attorney General

Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge

Case No. 2014-1202 /mkc