FINACT2014A-3915-ROC.pdf

2014A-3915-ROC · Registrar of Contractors · 2016-03-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Elisa Garrett, Docket No. 2014A-3915-ROC COMPLAINANT, -v- Case No. 2014-3915 Prielipp Construction Inc. 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. PARTIAL REJECTION, MODIFICATION AND WRITTEN JUSTIFICATION The Registrar rejects the Administrative Law Judge’s recommended decision insofar as it orders Respondent to return to Complainant’s property and perform work. See Administrative Law Judge Decision at 3:19–21. The Administrative Law Judge found Respondent in violation of A.R.S. § 32- 1154(A)(3) and -(22). See Administrative Law Judge Decision at 3:10–13. In light of those violations, Complainant should not have to accept additional work from Respondent, especially since the Administrative Law Judge Decision includes no finding that Complainant would accept additional work from Respondent. Because of the established violations of A.R.S. § 32-1154(A)(3) and -(22), Complainant should be allowed to proceed to the Recovery Fund and establish a claim, if appropriate. The Registrar also rejects any reference to “the Registrar’s warranty.” See Administrative Law of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Judge Decision at 3:14–21. The Registrar believes that the notion of “the Registrar’s warranty” arises from A.R.S. § 32-1155(A), which provides the Registrar’s jurisdiction over acts “within two years before the date of filing the complaint.” The fact is that the poor work at issue “was completed less than two years ago,” Administrative Law Judge Decision 3:14–15, and therefore that poor work “is cause for suspension or revocation of a license.” A.R.S. § 32-1155(A). The Registrar’s two-year administrative jurisdiction in A.R.S. § 32-1155(A) over a licensee’s acts is not, strictly speaking, a “warranty.” Finally, because Respondent was found in violation of A.R.S. § 32-1154(A)(22), the Registrar modifies the Administrative Law Judge Decision to impose a civil penalty in accordance with A.R.S. §

32-1154(E).

The Registrar accepts the remainder of the Decision.

ORDER

IT IS HEREBY ORDERED that Respondent’s license be suspended for one day on the effective

date of this Order, which is March 5, 2016. IT IS FURTHER ORDERED that Respondent pay a civil

penalty in the amount of $250.00 in certified funds payable to the Registrar by April 4, 2016. Payment

must be mailed to:

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

IT IS SO ORDERED this 25th day of January 2016. Registrar of Contractors /s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department

Copy mailed via USPS First Class mail this 22nd day of January 2016 to:

Respondent Prielipp Construction Inc. Po Box 2895 Lake Havasu City, AZ 86405-2895

Complainant Robert Allen Marvin 8654 E. Osage Cir Mesa, AZ 85212-1581 AND copy electronically mailed this same date to: Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge

Case No. 2014-3915/lg

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