FINACT2014A-3551-ROC.pdf

2014A-2764-ROC · Registrar of Contractors · 2015-12-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Huffstetler-Dearing Don Borham Docket No. 2014A-3551ROC COMPLAINANTS -v- Case No. 2014-3551 Joseph Vincent Wik FINAL ADMINISTRATIVE DECISION DBA: J Wik Excavating and Engineering AND ORDER License Nos. A.093800-C

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 Administrative Law Judge Decision on page 2, ¶ 2, lists the address “17099 South Country Club Drive, Sahuarita, Arizona 85629,” as the address of the residence where Respondent constructed the grey water discharge line. The address of Complainants’ residence where Respondent performed the work is 16 Redrock Dr., Patagonia, Arizona 85624-6017. The Administrative Law Judge Decision on page 4, ¶ 16, states: “Mr. Wik testified that at the settlement conference, Mr. Borham said that the filter was too deep and that he could not access it.” (Emphasis added.) Section 41-1092.06(B) of the Arizona Revised Statutes states: “The agency representative shall notify the appellant in writing that statements, either written or oral, made by the of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 appellant at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations are inadmissible in any subsequent administrative hearing.” The Registrar notes that any testimony about what Respondent stated at the settlement conference is inadmissible. CONCLUSION AND ORDER The Registrar hereby replaces “17099 South Country Club Drive, Sahuarita, Arizona 85629,” found on page 2, ¶ 2, of the Administrative Law Judge Decision with “16 Redrock Dr., Patagonia, Arizona 85624-6017.” The Register hereby removes ¶ 16 from page 4 of the Administrative Law Judge Decision.

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision and

recommendation. This is the Registrar’s final administrative decision, which becomes effective on

December 28, 2015.

IT IS SO ORDERED this 17th day of November 2015. Registrar of Contractors /s/ James Hanson James N. Hanson Chief of the Legal Department

Copy mailed via USPS First Class mail this 17th day of November 2015 to:

Respondent Joseph Vincent Wik DBA: J Wik Excavating and Engineering 17099 S Country Club Rd Box 130-G Sahuarita, AZ 85629-9654

Jeanna Chandler Nash Esq. Udall Law Firm LLP 4801 E. Broadway Blvd Ste 400 Tucson, AZ 85711-3638 Complainants Linda Huffstetler-Dearing and Don Borham Rock Dr. Patagonia, AZ 85624-6017 AND copy electronically mailed this same date to: Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge

Case No. 2014-3551

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