FINACT2014A-2372-ROC.pdf

2014A-2372-ROC · Registrar of Contractors · 2014-12-02

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Registrar of Contractors ) CASE NO: 2014-2372 ) COMPLAINANT ) -v- ) DOCKET NO. 2014A-2372-ROC ) Expert Contracting, LLC ) License Nos. CR61.269278-D ) ORDER R39R.270939-R ) ) RESPONDENT ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact. The Registrar adopts the Administrative Law Judge’s attached Conclusions of Law 1 through 5 and 7 through 9, with the exception that the first Conclusion of Law No. 6 on page three at line 5 ½ through 14 ½ is rejected. The second Conclusion of Law No. 6 is modified as follows, at line 19: “… A.R.S. §§ 32-1154(A)(1), (12), (20) and (22).” Justification: The ALJ made a typographical error in the numbering of the Conclusions of Law such that there are two paragraphs numbered six. The Registrar maintains that because Respondent holds two licenses, if the Registrar should suspend or revoke one of the licenses, such conduct and circumstances constitute a violations of A.R.S. § 32-1154(A)(20) and warrants the suspension or revocation of the other license held by Respondent. The ALJ’s Conclusion of Law rejected by the Registrar appears to misunderstand the meaning and purpose of the § 32-1154(A)(20), which is to prevent a licensee from continuing on in business unfettered through retention of other licenses after disciplinary action is taken against one of their licenses. A prior revocation of the second license on unrelated substantive matters does not limit the Registrar’s ability to find subsequent substantive violations and bases to again revoke the same license. See also § 32-1154(D)(revocation of a license does not strip Registrar of jurisdiction to subsequently suspend or revoke the license). Ultimately, the ALJ’s recommended Order correctly determined that both licenses held by Respondent should be revoked, which is the proper outcome as a result of a violation of § 32-1154(A)(20). The Registrar adopts the Administrative Law Judge’s attached Recommended Order. Based on this Decision, the Order, as modified, shall become effective on January 12, 2015. IT IS SO ORDERED this 2nd day of December, 2014.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 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 2nd day of December, 2014 to: Respondent Expert Contracting LLC PO Box 15411 Scottsdale, AZ 85267-5411

AND

Candelario Muñoz Alvarez 102 S. 92nd Dr. Tolleson, AZ 85353-3506

AND copy electronically mailed this same date to:

Registrar’s Counsel Seth Hargraves, Esq., Assistant Attorney General

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

Case No. 2014-2372//mkc