FINACT2015A-915-ROC.pdf

2015A-915-ROC · Registrar of Contractors · 2016-04-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

FINAL ADMINISTRATIVE DECISION David Sinnott and Lynn Sinnott, AND ORDER COMPLAINANTS -v- Quality Stone And Tile Installation LLC DBA: Arizona Custom Stone

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 ACCEPTANCE 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. The Administrative Law Judge Decision allows the Registrar to consider whether “the failure to follow the ICPI guidelines is per se a material deviation and prejudicial to Complainants.” ALJ Dec. at 8:1–3. The Registrar declines to modify the Administrative Law Judge Decision and hold that the failure to follow the ICPI guidelines is per se a material deviation and prejudicial to Complainants. The Administrative Law Judge Decision found that “there is no evidence of actual prejudice to

Complainants arising from the installation method,” ALJ Dec. at 8:15–16, and further that “[t]he

testimony of two witnesses who work in the paving industry established by the greater weight of the

evidence that the installation was appropriate for the ground around Complainants’ home even though it

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 did not comport with ICPI recommendation.” ALJ Dec. at 7:24–29. The relevant statute requires that a “[d]eparture from or disregard of plans or specifications” be “prejudicial to another” in order to be sanctionable. A.R.S. § 32-1154(A)(2). Therefore, the Registrar declines to hold that A.R.S. § 32-1154(A) (2) has been violated by a departure from or disregard of the ICPI guidelines, when such a departure or disregard was not established to be actually prejudicial. The Registrar hereby accepts the Administrative Law Judge Decision. CONCLUSION Because the Registrar has accepted the administrative law judge’s decision, that decision is the final

administrative decision in this case and becomes effective on May 14, 2016.

IT IS SO ORDERED this 4th day of April 2016. Registrar of Contractors /s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department

Copy mailed via USPS First Class mail this 4th day of April 2016 to:

Respondent Quality Stone And Tile Installation LLC DBA: Arizona Custom Stone 5022 E Kirkland Rd Phoenix, AZ 85054-7131

Complainants David and Lynn Sinnott 24929 N. 119th Pl Scottsdale, AZ 85255-5930 Karen A. Palecek Esq. Palecek & Palecek, PLLC 6263 N. Scottsdale Rd Ste. 310 Scottsdale, AZ 85250-5406

AND copy electronically mailed this same date to:

Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge Case No. 2015-915

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