FINACT2015A-3256-ROC.pdf

2015A-3256-ROC · Registrar of Contractors · 2016-08-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Marsha King, Case No. 2015-3256

COMPLAINANT,

Zest Design and Construction, Inc., Docket No. 2015A-3256-ROC License No. 214923, 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. 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 Registrar modifies the Administrative Law Judge’s Recommended Decision that this “appeal be denied.” The Registrar believes that a dismissal against Respondent’s license is appropriate in this case, because the matter is a contested case in which the Complainant has the burden, not an appealable agency action. CONCLUSION AND ORDER The Registrar hereby replaces “appeal be denied” found on page 1, of the Administrative Law Judge’s Recommended Decision with “case be dismissed.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on September 11, 2016.

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

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 Zest Design and Construction Inc 13017 N 61st Pl Scottsdale, AZ 85254-3810 Complainant Marsha King 42916 N Outer Bank Ct Anthem, AZ 85086-8010 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2015-3256/an