FINACT2015A-459-ROC.pdf

2015A-459-ROC · Registrar of Contractors · 2016-03-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Giordano, Docket No. 2015A-459-ROC COMPLAINANT -v- Case No. 2015-459 Desert Sun Installations Inc., License No. CR21.241426-D, FIN AL ADMINISTRATIVE DECISION 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. MODIFICATION AND WRITTEN JUSTIFICATION On the first page of the Administrative Law Judge Decision, the Administrative Law Judge recommends that Respondent’s license be suspended for one day. Decision 1:20. However, at the end of the Decision, the Administrative Law Judge recommends that Respondent’s license be suspended for three days. See Decision 5:28–29 & 6:1–2. Because the tenor of the Administrative Law Judge Decision reflects that Respondent acted honestly and in good faith, the Registrar resolves that discrepancy in favor of the lesser suspension, a resolution which leaves Complainant’s rights regarding the Recovery Fund unaffected. Therefore, the Registrar modifies the Decision to replace the phrase “three days” with “one day.” CONCLUSION AND ORDER of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 The Registrar suspends the license for one day, effective on March 19, 2016. IT IS SO ORDERED this 8th day of February 2016.

Registrar of Contractors

/s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 8th day of February 2016 to: Respondent Desert Sun Installations Inc. 2103 E Williams Dr. Phoenix, AZ 85024-7502 Complainant Melissa Giordano 5712 Desert Forest Trl Cave Creek, AZ 85331-1562

AND copy electronically mailed this same date to:

Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge Case No. 2015-459/lg