FINACT2014A-2385-ROC.pdf

2014A-2385-ROC · Registrar of Contractors · 2016-03-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Primera Iglesia Bautista de Antoquia, Docket No. 2014A-2385-ROC COMPLAINANT -v- Case No. 2014-2385 Summer Heating and Air LLC, License No. C-39.244553-C, FINAL ADMINISTRATIVE DECISION AND ORDER

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection. 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 Registrar modifies the caption to include Respondent’s commercial license instead of Respondent’s residential License No. R39R-243191-R. The Administrative Law Judge found that this is a commercial matter in which on or about April 12, 2014, Respondent contracted to install four new air conditions units and associated duct-work on Complainant’s church building. Decision ¶ 2, Findings of Fact. Complainant acknowledged that Respondent was at fault for taking a commercial job when it did not have a license. Decision ¶ 19, Findings of Fact. Furthermore, Ms. Borrego, representative for

Respondent, credibly testified that Respondent was aware that Complainant’s church building was a

commercial building and that Respondent did not have a commercial license. Decision ¶ 5, Conclusions

of Law.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Respondent’s commercial license expired on June 1, 2011. Respondent’s expired license does not deprive the Registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee, or to render a decision suspending or revoking such a license. See A.R.S. § 32-1154(D). Because there is no dispute that this is a commercial matter, the Registrar modifies the Administrative Law Judge Decision to include Respondent’s expired commercial license instead of Respondent’s residential license and modifies the Administrative Law Judge’s Recommended Order to revoke Respondent’s commercial license. Lastly, because the Administrative Law Judge found Respondent in violation A.R.S. § 32-1154(22), the Registrar modifies the Decision to include the

imposition of a $500.00 civil penalty pursuant to A.R.S. § 32-1154(E). The Registrar accepts the

remainder of the decision.

CONCLUSION AND ORDER

It is hereby ordered replacing “License No. R39R-243191-R” with “License No. C-39.244553-C”

in the caption of the Administrative Law Judge Decision and in the recommended order of the Decision.

The Registrar accepts the remainder of the decision, which becomes effective on February 22, 2016.

In accordance with the administrative law judge’s decision, IT IS ORDERED that Respondent pay

a civil penalty in the amount of $500.00 in certified funds payable to the Registrar by, March 23, 2016.

Payment must be mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748

Signed this 13th day of January 2016. Registrar of Contractors /s/ James N Hanson __________________________ James N. Hanson Assistant Director, Assistant Director

Copy mailed via USPS First Class mail this 13th day of January 2016 to: Respondent Summer Heating and Air LLC PO Box 5892 Goodyear, AZ 85338-0615

Complainant Primera Iglesia Bautista de Antoquia Puline Soza 12610 W. County Line Avondale, AZ 85323

AND copy electronically mailed this same date to:

Office of Administrative Hearings M. Douglas, Administrative Law Judge Case No. 2014-2385/lg

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762