FINACT2016A-549-ROC.pdf

2016A-549-ROC · Registrar of Contractors · 2017-01-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Joel J Errante, Case No. 2016-549

COMPLAINANT,

v.

Masonry Of Arizona Inc, Docket No. 2016A-549-ROC License No. 202091, 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

The Registrar’s citation of a contractor raises this central administrative issue: should the licensee’s

license be suspended or revoked? See A.R.S. § 32-1155(A).

Generally, it is unreasonable for the Registrar to discipline a licensee’s license in a case in which

the complainant uses language to express harmful intent regarding the contractor. Such threats effect a constructive denial of access. Page 6, ¶ 18, of the decision states “On July 25, 2016, Mr. Vaughn and a helper went to Complainant’s house to begin performing the work required by the May 12, 2016 Directive… Complainant stated that if Mr. Vaughn tried to cut the slabs, Complainant would go get his gun and prevent Mr. Vaughn from saw-cutting the slabs.”

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 It would be inappropriate for the Registrar to administratively discipline the Respondent’s license in this case. If Complainant has in fact been damaged by Respondent, Complainant may seek compensation in a civil court of law. But given the undeniable existence of a threatening statement, disciplining Respondent’s license would be unreasonable. The Registrar modifies the Administrative Law Judge’s Recommended decision that the “case be closed.” The Registrar believes that a dismissal against Respondent’s license is appropriate in this case. CONCLUSION AND ORDER For sake of clarity, the Registrar hereby replaces “case be closed”, found under the Recommended

Order on page 12, with “case be dismissed.” The Registrar hereby accepts the remainder of the

Administrative Law Judge Decision, which becomes effective on February 15, 2017.

Dated this 6th day of January 2017.

Registrar of Contractors

/s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 6th day of January 2017 to:

Respondent Masonry Of Arizona Inc Po Box 112 Paulden, AZ 86334-0112 Kenneth B Vaughn Esq. Grant & Vaughn, P.C. 6225 N 24th St Ste 125 Phoenix, AZ 85016-2044

Complainant Joel J Errante 10872 E Manzanita Trl Dewey, AZ 86327-5305 William J O'Leary Esq. O'LEARY EATON PLLC 115 Grove Ave Prescott, AZ 86301-2909 And copy electronically mailed this same date to:

Office of Administrative Hearings

Case No. 2016-549/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