FINACT2015A-2959-ROC.pdf

2014A-4777-ROC · Registrar of Contractors · 2016-04-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

FINAL ADMINISTRATIVE DECISION Tammy Morse Ory and James Ory, AND ORDER COMPLAINANTS -v- Fosdick Enterprises Inc. DBA: K F Builders

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 cites A.R.S. § 32-1154(D) as the statute giving the Registrar the authority to impose a civil penalty in this case. Decision at 8:5. However, the applicable statute is A.R.S. § 32-1154(E). CONCLUSION AND ORDER The Registrar hereby replaces “A.R.S. § 32-1154(D),” found on page 8, line 5, of the Administrative Law Judge Decision with “A.R.S. § 32-1154(E).” The Registrar hereby accepts the

remainder of the Administrative Law Judge Decision, which becomes effective on May 9, 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 June 8, 2016.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Payment must be mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748 IT IS SO ORDERED this 30th day of March 2016.

Registrar of Contractors

/s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 30th day of March 2016 to: Respondent Fosdick Enterprises Inc. DBA: K F Builders Po Box 229 Cave Creek, AZ 85327-0229 Complainants Tammy Morse and James Ory 6736 W. Camino De Oro Peoria, AZ 85383-3219 AND copy electronically mailed this same date to: Office of Administrative Hearings Suzanne Marwill, Administrative Law Judge Case No. 2015-2959