FINACT2016A-2548-ROC.pdf

2016A-2548-ROC · Registrar of Contractors · 2017-01-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steven Edward Asplin, Case No. 2016-2548

COMPLAINANT,

v.

D N B Construction LLC, Docket No. 2016A-2548-ROC License No. 289360, 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

Page 4, ¶ 16, of the Decision lists July 18, 2016 as the date the investigator performed a compliance

inspection. However, the investigator performed the compliance inspection on August 18, 2016. Page 5,

¶ 19, of the Decision lists August 8, 2016 as the date of the investigator issued his compliance inspection

notes to respondent. However, the date the investigator issued his compliance inspection notes to respondent is August 18, 2016. Page 6, ¶ 24, of the Decision lists September 15, 2016 as the date the respondent filed a response to the Citation. However, the date the respondent filed a response to the Citation is September 5, 2016. Page 8, ¶ 6, of the Decision lists July 18, 2016, as the date referred to in paragraphs 17 and 18. However, the date referred to in paragraphs 17 and 18 is August 18, 2016. Page 8, ¶ 7, of the Decision lists July 18, 2016 as the date Complainant directed that the Respondent “get off my

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 property and never come back.” However, the date Complainant directed that the Respondent “get off my property and never come back” is August 18, 2016. Page 8, ¶ 7, of the Decision lists July 18, 2016, as the date of the Inspector’s Directive. However, the date of the Inspector’s Directive is August 1, 2016. CONCLUSION AND ORDER For sake of clarity, the Registrar hereby replaces “July 18, 2016” found on page 4, ¶ 16, of the Decision with “August 18, 2016.” The Registrar hereby replaces “August 8, 2016” found on page 5, ¶ 19, of the Decision with “August 18, 2016.” The Registrar hereby replaces “September 15, 2016” found on page 6, ¶ 24, of the Decision with “September 5, 2016.” The Registrar hereby replaces “July 18, 2016”

found on page 8, ¶ 6, of the Decision with “August 18, 2016.” The Registrar hereby replaces “July 18,

2016” found on page 8, ¶ 7, of the Decision with “August 18, 2016.” The Registrar hereby replaces “July

18, 2016” found on page 8, ¶ 7, of the Decision with “August 1, 2016.” The Registrar hereby accepts

the remainder of the Administrative Law Judge Decision, which becomes effective on January 17, 2017.

Dated this 8th Day of December 2016.

Registrar of Contractors

/s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 8th Day of December 2016 to:

Respondent D N B Construction LLC PO Box 6797 Kingman, AZ 86402-6797 Complainant Steven Edward Asplin PO Box 30067 Flagstaff, AZ 86003-0067

And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2016-2548/deu

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