FINACT2015A-739-ROC.pdf

2015A-739-ROC · Registrar of Contractors · 2015-12-04

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Registrar of Contractors ) CASE NO: 2015-739 ) COMPLAINANT ) ) DOCKET NO. 2015A-739-ROC -v- ) ) Southwest Green Building Inc ) FINAL ADMINISTRATIVE DECISION License No. B.265176- R ) 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 Administrative Law Judge Decision lists Inspector Cason on page 5, paragraph 12, lines 16 and 18, and page 7, paragraph 16, as the investigator who performed a jobsite inspection, issued the January 28, 2015 Directive, and testified in the 2014-4897 matter. Similarly, Inspector Cason is listed on page 7, paragraph 19, lines 18 and 19 of the Decision, as the investigator who performed a jobsite inspection, and issued the January 15, 2015 Directive in case no. 2014-4732. Investigator Dimond was the investigator assigned in this matter and the investigator who performed jobsite inspections in case nos. 2014-4897 and 2014-4732. Also, the January 28, 2015 and January 15, 2015 Directives were issued by investigator Dimond.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Investigator Dimond was also the investigator who testified in this matter on September 23, 2015.

CONCLUSION AND ORDER The Registrar hereby replaces “Inspector Cason,” found page 5, paragraph 12, lines 16 and 18, and page 7, paragraph 16 of the Administrative Law Judge Decision, with “Investigator Dimond.” The Registrar also hereby replaces “Investigator Cason,” found on page 7, paragraph 19, lines 18 and 19 of the Decision, with “Investigator Dimond.” The Registrar hereby accepts the substance of the Administrative Law Judge Decision, which becomes effective on December

8, 2015.

In accordance with the Administrative Law Judge’s Decision, IT IS ORDERED that

Respondent pay a civil penalty in the amount of $1,000.00 in certified funds payable to the

Registrar by, January 18, 2016. Payment must be mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748

Signed this 29th day of October 2015.

Registrar of Contractors /s/ James Hanson James N. Hanson Chief Counsel

Copy mailed via USPS First Class mail this 29th day of October 2015 to:

Respondent Southwest Green Building Inc 617 Miller Valley Rd Prescott, AZ 86301-2315

Complainants Carolynn Brown 1601 Buttermilk Ln Prescott, AZ 86305-2272

Michael J. O’Brien P.O. Box 1434 Cottonwood, AZ 86326-1434

AND copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Esq., Assistant Attorney General Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge

Case No. 2015-739

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