FINACT2015A-1039-ROC.pdf

2015A-1039-ROC · Registrar of Contractors · 2015-07-30

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA IN THE MATTER OF THE CIVIL ) ) CASE NO: 2015-1039 PENALTY CITATION ISSUED TO: ) ) DOCKET NO. 2015A-1039-ROC Donald E. Zittman ) ) FINAL ADMINISTRATIVE RESPONDENT ) DECISION AND ORDER ) Under A.R.S. § 41-1092.08(B), the Registrar may review and modify an administrative law judge’s written decision. If the Registrar modifies that decision, then the Registrar must provide “written justification setting forth the reasons for the modification.” A.R.S. § 41- 1092.08(F)(1). 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 accidentally references A.R.S. § 32-1165, at line of page 10. But A.R.S. § 32-1121(14)(c) is the statute that requires a person to include the words “not a licensed contractor.” CONCLUSION AND ORDER

The Registrar hereby removes the phrase “A.R.S. § 32-1165” from the Administrative

Law Judge’s Recommended Order, found at lines 8 and 11 of page 10 of the Administrative

Law Judge Decision, and replaces it with “A.R.S. § 32-1121(14)(c).” The substance of the

order stands, and therefore the $1,000.00 civil penalty must be paid no later than August 31,

2015. Payment must be mailed to:

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

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Signed this 20th day of July 2015.

REGISTRAR OF CONTRACTORS

/s/ James Hanson James N. Hanson Chief Counsel

Copy mailed via USPS First class mail this 20th day of July 2015 to: Respondent Donald E. Zittman The Roaming Electrician PO Box 6404 Kingman, AZ 86402-6404

AND copy electronically mailed this same date to:

Registrar’s Counsel Seth T. Hargraves, Esq., Assistant Attorney General

Office of Administrative Hearings M. Douglas, Administrative Law Judge

Case No. 2015-1039 /mkc