FINACT2014A-682-ROC.pdf

2014A-682-ROC · Registrar of Contractors · 2015-12-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

John Maruso, Docket No. 2014A-682-ROC COMPLAINANT -v- Case No. 2014-682 Daniel Rivadeneyra DBA: Desert Landscape Creations FINAL ADMINISTRATIVE DECISION License No. CR21.278911-D 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, REJECTION, AND WRITTEN JUSTIFICATION The Administrative Law Judge states that Respondent violated A.R.S. § 32-1154(A)(7) and -(23). Administrative Law Judge Decision, page 6, ¶ 6. However, the Registrar did not cite Respondent for those violations. The Registrar only cited Respondent for a violation of A.R.S. § 32-1154(3). The Registrar presumes that the statement regarding a violation of § 32-1154(A)(7) is meant to reference § 32- 1154(A)(3). And because Respondent was not cited for a violation A.R.S. § 32-1154(23), the Registrar cannot impose a $250.00 civil penalty. Further, the Registrar rejects the Administrative Law Judge’s recommended decision to revoke Respondent’s license or impose a 14-day suspension and place Respondent on probation for 180 days. Given Respondent’s lack of prior disciplinary history and absence of prior complaints against its license, of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 the Registrar believes a 5-day suspension is appropriate. CONCLUSION AND ORDER The Registrar hereby replaces “A.R.S. § 32-1154(7), and (23),” found on page 6 ¶ 6, with “A.R.S. § 32-1154(A)(3).” The Registrar also hereby rejects the Administrative Law Judge’s recommended decision and imposition of a $250.00 civil penalty against Respondent’s license. The Registrar accepts the remainder of the Decision. IT IS ORDERED that Respondent’s license be suspended for 5 days on the effective date of this Order, which is January 4, 2015.

Signed this 23rd 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 23rd day of November 2015 to: Respondent Daniel Rivadeneyra DBA: Desert Landscape Creations P.O. Box 7729 Surprise, AZ 85374-0112 Complainant John Maruso 11014 W. Palm Ln. Avondale, AZ 85392-5452

AND copy electronically mailed this same date to:

Office of Administrative Hearings Dorina M. Lang, Administrative Law Judge Case No. 2014-682 /lg