FINACT2014A-1969-ROC.pdf

2014A-1969-ROC · Registrar of Contractors · 2015-04-30

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA IN THE MATTER OF THE CIVIL ) ) CASE NO: 2014-1969 PENALTY CITATION ISSUED TO: ) ) DOCKET NO. 2014A-1969-ROC Arthur Kerley ) ) FINAL ADMINISTRATIVE RESPONDENT ) DECISION AND ORDER ) ) Under A.R.S. § 41-1092.08(B), the Registrar may review and modify an administrative law judge’s written decision. If the Registrar modifies that decision, then the Registrar must provide “written justification setting forth the reasons for the modification.” A.R.S. § 41- 1092.08(F)(1). In this case, a hearing was held and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. MODIFICATION AND WRITTEN JUSTIFICATION The administrative law judge provided the respondent 30 additional days after the effective date of the final order to pay the civil penalty. No statute requires those 30 additional days, and the Registrar does not believe, as a practical matter, that 30 additional days are

necessary.

CONCLUSION AND ORDER

The Registrar hereby removes the phrase “thirty days after” from the Administrative Law

Judge’s Recommended Order, found at line 28 of page 5 of the Administrative Law Judge

Decision. Therefore, the $1,000.00 civil penalty must be paid no later than June 9, 2015.

Payment must be mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748 Signed this 30th day of April, 2015. REGISTRAR OF CONTRACTORS

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 /s/ James N. Hanson James N. Hanson Chief Counsel

Copy mailed via USPS First Class mail this 30th day of April, 2015 to: Respondent Arthur Kerley PO Box 483 Cameron, AZ 86020-0483

AND copy electronically mailed this same date to:

Registrar’s Counsel Michael D. Raine, Esq., Assistant Attorney General

Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge

Case No. 2014-1969/mkc