FINACT2015A-2339-ROC.pdf

2015A-2339-ROC · Registrar of Contractors · 2016-08-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Rene M. Detruit, Case No. 2015-2339

COMPLAINANT,

Castle Rock Homes, LLC Docket No. 2015A-2339-ROC DBA: I C F Specialist, License No. 201605, FINAL ADMINISTRATIVE DECISION AND ORDER 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.

REGISTRAR’S MODIFICATION AND JUSTIFICATION

In this case, a hearing was held, and the administrative law judge issued a written decision. See

Administrative Law Judge Decision, attached. The Registrar reviewed that decision. In the decision, the

administrative law judge recommended that the Registrar close the complaint for denial of access. 15:25–

16:4. The recommended closure, however, was to be “without prejudice to Complainant’s right to request

that the Registrar reopen the complaint.” 16:1–2. Allowing Complainant to re-open the complaint would

“allow Complainant one final chance to provide unconditional and unrestricted access to Respondent to perform the repairs a[s] it sees fit.” 16:2–4. Allowing this administrative case to be re-opened would be inappropriate. A complaint, an investigation, and a thorough administrative hearing failed to establish any actual cause for disciplining Respondent’s license. The full process yielded only “potential cause.” 14:3–6. Furthermore, the reason only “potential cause” was established was because Respondent was denied

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 access to perform work using the means and the methods Respondent deemed appropriate for the work. 14:14–17; 15:1–14. That denial of access is especially dispositive in this case, since Respondent “has substantial expertise in construction using . . . a very specialized and arcane system.” 14:20–21. Allowing the complaint to be reopened would be to duplicate the Registrar’s administrative process, through which Complainant and Respondent have already proceeded, and which yielded no recommended discipline against Respondent’s license. The Registrar therefore modifies the recommended order so that the case will be closed with prejudice. The Registrar notes, however, that nothing in this final administrative decision prejudices

Complainant’s right to proceed to the Recovery Fund under A.R.S. § 32-1136, if Complainant obtains a

judgment against Respondent and an order from a court in a civil action.

ORDER

The Registrar hereby orders that, on the effective date of this Final Administrative Decision,

Complainant Rene M. Detruit’s complaint in Case No. 2015-2339 against Respondent Castle Rock

Homes, LLC DBA: I C F Specialist’s License No. KB-1.201605-D be closed with prejudice for denial of

access.

This Final Administrative Decision in this case and becomes effective on September 11, 2016.

Dated this 2nd day of August 2016. Registrar of Contractors /s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department

Copy mailed via USPS First Class mail this 2nd day of August 2016 to: Respondent Castle Rock Homes LLC DBA: I C F Specialist 501 E Plaza Cir Ste 12 Litchfield Park, AZ 85340-4998 Jason A. Clark, Esq. LANG & KLAIN P.C. 8767 E Via De Commercio Ste 102 Scottsdale, AZ 85258-3374

Complainant Rene M. Detruit 2225 W Sunrise Dr Phoenix, AZ 85041-9628 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2015-2339

3 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762