FINACT2015A-1573-ROC.pdf

2015A-1573-ROC · Registrar of Contractors · 2015-12-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ross Aerial Equipment dba Ross Equipment Rental and Sales, Docket No. 2015A-1573-ROC COMPLAINANT -v- Case No. 2015-1573 Lone Mountain Electric LLC, License Nos.C-11.268152-C FINAL ADMINISTRATIVE DECISION R-11.296433-R, 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. REJECTION AND WRITTEN JUSTIFICATION The Registrar rejects the Administrative Law Judge’s recommended order to revoke Respondent’s licenses. The Registrar believes that a suspension of Respondent’s licenses until Respondent satisfies the debt owed to Complainant is appropriate, given the nature of the violation and lack of prior disciplinary history. Further, the Registrar removes ¶¶ 4-6 of the Findings of Fact in the Decision, on the basis that statements, either written or oral, made by the appellant at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations are inadmissible in any subsequent administrative hearing. A.R.S. § 41-1092.06.

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 rejects the Administrative Law Judge’s recommended decision to revoke Respondent’s licenses. Further, the Registrar hereby removes ¶¶ 4-6 of the Findings of Fact in the Decision. The Registrar accepts the remainder of the Administrative Law Judge’s Decision. IT IS HEREBY ORDERED suspending Respondent’s licenses until it provides the Registrar, and the Registrar accepts, written proof that establish that Respondent has paid Complainant the outstanding monies owed in certified funds. This is the Registrar’s final administrative decision in this case and becomes effective on January 4, 2015.

Signed this 24th 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 24th day of November 2015 to: Respondent Lone Mountain Electric LLC 3216 S Fair Ln Tempe, AZ 85282-3120

Complainant Ross Aerial Equipment dba Ross Equipment Rental and Sales 5825 W. Van Buren St. Phoenix, AZ 85043-3607

AND copy electronically mailed this same date to:

Office of Administrative Hearings M. Douglas, Administrative Law Judge Case No. 2015-1573 /lg