FINACT2015A-5227-ROC.pdf

2015A-5227-ROC · Registrar of Contractors · 2016-08-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bradley and Kara Geren, Case No. 2015-5227

COMPLAINANTS,

v.

Lavi Remodeling and Construction, LLC, Docket No. 2015A-5227-ROC License No. 211694, 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

Here, the Administrative Law Judge found evidence supporting that Complainant will need to

spend $13,540.00 to repair Respondent’s poor workmanship. ALJ Dec. at 9:18–19. The ALJ therefore

recommended that the Registrar suspend Respondent’s license unless and until Respondent pays

$13,540.00 to Complainants in restitution. The ALJ has that authority under A.R.S. § 32-1156.01. The Registrar accepts that recommendation, along with the recommendation that Respondent pay a civil penalty of $500.00. Focusing on those forms of discipline, the Registrar modifies the decision to omit the 20-day suspension.

1 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 strikes that portion of the Recommended Order which reads: “Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License No. 211694 for a period of not less than twenty (20 ) days.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on September 18, 2016. IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $500.00 payable to the Registrar on or before 30 days from the effective date of this Order. Payment may be hand-

delivered to the Registrar’s physical address or mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748 Dated this 9th 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 9th day of August 2016 to: Respondent Lavi Remodeling and Construction LLC 9642 W Pinnacle Vista Dr Peoria, AZ 85383-8710

Complainant Bradley and Kara Geren 5409 E Muriel Dr Scottsdale, AZ 85254-5886 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2015-5227/an