FINACT2016A-1845-ROC.pdf

2016A-1845-ROC · Registrar of Contractors · 2016-10-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark Steven Davis, Case No. 2016-1845 COMPLAINANT, v. Coconut FINAL AContracting LLC, DMINISTRATIVE DECISION License No. 293769, 302509, RESPONDENT. Docket No. 2016A-1845-ROC 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 1. Page 1, ¶ 2, of the Administrative Law Judge Decision lists June 2, 2016, as the date the Registrar received the Complaint against Respondent. However, the date was May 31, 2016. 2. The Registrar erred in citing Charge 3, violation of A.R.S. § 32-1154(A)(16), of the July 8, 2016 Citation. On June 22, 2016, the Registrar sent a warning letter to Respondent because this case was Respondent’s first violation of A.R.S. § 32-1154(A)(16). The Registrar’s letter stated that the Registrar would not seek discipline against Respondent’s license for that violation. The letter also noted that the Registrar would impose discipline for future violations of A.R.S. § 32-1154(A)(16). Therefore, the Registrar must reject the Administrative Decision’s Conclusion of Law ¶ 4. 3. Because the Registrar rejects Conclusion of Law ¶ 4, the Registrar must also modify the Recommended Order’s (5) five day suspension of Respondent’s License Nos. 293769 and 302509. CONCLUSION AND ORDER 1. The Registrar hereby replaces “June 2, 2016,” found on page 1, ¶ 2, of the Administrative Decision, with “May 31, 2016.” 2. The Registrar rejects and removes Administrative Decision’s Conclusion of Law ¶ 4.

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 3. The Registrar further modifies the Recommended Order by changing the period of suspension for Respondent’s License Nos. 293769 and 302509 to (1) one day.

4. Respondent’s suspension will commence, upon the effective date of this Order. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on November 23, 2016 Dated this 14th day of October 2016. Registrar of Contractors /s/ Jeff Wills ----------------------------------------------------------- Jeff Wills Chief of Compliance Copy mailed via USPS First Class mail this 14th day of October 2016 to:

Respondent Coconut Contracting LLC 4326 E. Desert Cove Ave. Phoenix, AZ 85028-3518 Complainant Mark Steven Davis 6300 N. 42nd St. Paradise Valley, AZ 85253-3911

And copy electronically mailed this same date to: Office of Administrative Hearings Suzanne Marwil, Administrative Law Judge

Case No.2016-1845