FINACT2016A-4673-CHC-ROC.pdf

2016A-4673-CHC-ROC · Registrar of Contractors · 2017-07-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Michele Case, Case No. 2016-4673 COMPLAINANT,

v.

Midwest Elite, LLC, License No. 283994, Docket No. CHC-2016A-4673-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 The Administrative Law Judge Decision concluded that Respondent violated A.R.S. § 32-1154(A) (3) and recommended that Respondent pay a $150.00 civil penalty pursuant to A.R.S. § 32-1154(E). A.R.S. § 32-1154(E) provides that the Registrar may impose a civil penalty for each violation of A.R.S. § 32-1154(A)(22), but the administrative law judge did not find that Respondent violated A.R.S. § 32- 1154(A)(22). See ALJ Dec. 8:35. Because the administrative law judge did not find that Respondent violated A.R.S. § 32-1154(A) (22), the Registrar modifies the recommended order and removes the $150 civil penalty. Because the administrative law judge found that Respondent violated A.R.S. § 32-1154(A)(3), the Registrar modifies the recommended order and orders that Respondent’s license be suspended for 1 day. See A.R.S. § 32-

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 1154(B).

CONCLUSION AND ORDER The Registrar hereby modifies page 9 of the Administrative Law Judge Decision Recommended Order such that Respondent’s license shall be suspended for 1 day on the effective date of this Order. The Registrar further modifies page 9, lines 9-15 of the Administrative Law Judge Decision Recommended Order and removes the $150 civil penalty. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on August 30, 2017.

Dated this 21st day of July 2017.

Registrar of Contractors

/s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Chief Counsel, Legal Department Copy mailed via USPS First Class mail this 21st day of July 2017 to:

Respondent Midwest Elite LLC 20415 N 37th Ave Glendale, AZ 85308-2280 Complainant Michele Case 6826 W Brown St Peoria, AZ 85345-6876

And copy electronically mailed this same date to:

Office of Administrative Hearings Linda Marie Brown, Administrative Law Judge Case No. 2016-4673/an