FINACT2016A-1439-OMC-ROC.pdf

2016A-1439-OMC-ROC · Registrar of Contractors · 2018-03-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Registrar of Contractors, Case No. 2016-1439 COMPLAINANT,

v.

Mosher Communications LLC, License No. 236652, Docket No. 2016A-1439-OMC-ROC RESPONDENT. FINAL 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

In this case, the administrative law judge found that Andrew Mosher was listed on a license that

was disciplined for failure to pay a civil penalty and for failure to repay a recovery fund payout. See ALJ

Dec. 3:10-18. As a result, the Administrative Law Judge Decision recommended that Respondent’s

license be suspended until it removed Mr. Mosher from the license. See ALJ Dec. 4:10-14. However, Mr. Mosher is only prohibited from being a person named on a license as long as the underlying discipline remains unremedied. See A.R.S. §§ 32-1139(B); 32-1161(C). Therefore, the Registrar replaces lines 10 through 14 on page 4 of the Administrative Law Judge Decision with, “In light of the foregoing, it is ordered that on the effective date of the final order in this matter, Respondent Mosher Communications, LLC's License No. CR67.236652-D shall be suspended

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 until it removes Andrew Mosher as a member on the Registrar's records and any subsequent records as found at the Arizona Corporation Commission, or alternatively, provides satisfactory proof to the Registrar that all loss caused by the acts or omissions which led to the revocation of License No. KB- 2.278152-D has been fully satisfied." CONCLUSION AND ORDER The Registrar hereby modifies the recommended order. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on April 28, 2018. FINAL NOTE

On page 3, paragraphs 13 and 14, replace “2015-1276” with “2015-1271”.

Dated this 19th day of March 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 19th day of March 2018 to:

Respondent Mosher Communications LLC 1100 S Pinnacle St Ste B Flagstaff, AZ 86001-6219 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Copy sent electronically this same date to: Office of Administrative Hearings Linda Marie Brown, Administrative Law Judge

Office of the Attorney General John Tellier, Assistant Attorney General Case No. 2016-1439/mm