FINACT2014A-4210-ROC.pdf

2014A-4210-ROC · Registrar of Contractors · 2016-03-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

FINAL ADMINISTRATIVE DECISION AND ORDER Dorohy J. Tobin, COMPLAINANT, -v-

Farco Construction LLC

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 Page 1, ¶ 3 of the Administrative Law Judge Decision lists October 5, 2014 as the date Complainant filed the complaint against Respondent with the Registrar. However, the Registrar received Complainant’s complaint on October 15, 2014. Also, the Administrative Law Judge Decision cites A.R.S. § 32-1154(D) as the statute giving the Registrar the authority to impose a civil penalty in this case. ALJ Decision at 5:14. However, the applicable statute is A.R.S. § 32-1154(E). CONCLUSION AND ORDER

For sake of clarity, the Registrar hereby replaces “October 5, 2014,” found on page 1, ¶ 3 of the

Administrative Law Judge Decision, with “October 15, 2014.” The Registrar also hereby replaces “A.R.S.

§ 32-1154(D),” found on page 5, line 14, of the Administrative Law Judge Decision with “A.R.S. § 32-

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 1154(E).” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on March 20, 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 April 19, 2016. Payment must be mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748 IT IS SO ORDERED this 9th day of February 2016. Registrar of Contractors /s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department

Copy mailed via USPS First Class mail this 9th day of February 2016 to: Respondent Farco Construction LLC 6850 S 19th St Phoenix, AZ 85042-5770

Complainant Dorothy J. Tobin 7621 S. 9th Way Phoenix, AZ 85042-6621 AND copy electronically mailed this same date to: Office of Administrative Hearings Suzanne Marwil, Administrative Law Judge

Case No. 2014-4210/lg