FINACT2014A-682-ROC.pdf

2014A-682-ROC · Registrar of Contractors · 2015-11-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

John Maruso, Case No. 2014-682 COMPLAINANT Docket No. 2014A-682-ROC -v- FINAL ADMINISTRATIVE DECISION Daniel Rivadeneyra AND ORDER DBA: Desert Landscape Creations License No. CR21.278911-D

RESPONDENT.

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, the Registrar

believes a 5-day suspension is appropriate.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 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, 2016.

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

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762