FINACT2016A-3875-CHC-ROC.pdf

2016A-3875-CHC-ROC · Registrar of Contractors · 2017-05-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

James Edwin Terpstra, Case No. 2016-3875

COMPLAINANT,

v.

Remodel and Build AZ, Inc., Docket No. CHC-2016A-3875-ROC License No. 297420, 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 10, line 8 ½, of the Administrative Law Judge Decision recommended suspension on Respondent’s license “for a period of five (3) days.” The Registrar finds that a three day disciplinary suspension is appropriate in this matter. Therefore, the Registrar modifies the recommended order such that Respondent’s license be suspended for a period of three (3) days. Page 5, ¶ 9, of the Decision states that Investigator “Pennington performed a compliance inspection…” However, Investigator Cason performed the compliance inspection in this matter. Page 7, ¶ 18, of the Decision lists January 10, 2017 as the compliance inspection date. However, the compliance inspection date was January 11, 2017.

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

CONCLUSION AND ORDER The Registrar hereby replaces “five (3) days,” found on page 10, line 8 ½ of the Decision with three (3) days.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on June 18, 2017. IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $500.00 payable to the Registrar on or before 30 days from the effective date of this Order. Payment may be hand- delivered to the Registrar’s physical address or mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748 Dated this 9th day of May 2017. Registrar of Contractors /s/ Joseph Citelli ---------------------------------------------- Joseph Citelli Staff Attorney, Legal Department

Copy mailed via USPS First Class mail this 9th day of May 2017 to: Respondent Remodel and Build AZ Inc 7950 E Acoma Dr Ste 107 Scottsdale, AZ 85260-6963

Denise H. Troy, Esq. DICKINSON WRIGHT PLLC 1850 N Central Ave Ste 1400 Phoenix, AZ 85004-4568 Complainant James Edwin Terpstra 12889 E Desert Trl Scottsdale, AZ 85259-3560

And copy electronically mailed this same date to:

Office of Administrative Hearings Case No. 2016-3875/an

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