FINACT2016A-573-ROC.pdf

2016A-573-ROC · Registrar of Contractors · 2016-12-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

William D. Smith, Case No. 2016-573

COMPLAINANT,

v.

Pangburn Construction Co., Docket No. 2016A-573-ROC License No. 123437, 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 Administrative Law Judge Decision states, “Complainant did not establish case to discipline

Respondent’s Contractor’s license under A.R.S. § 32-1154(A)(3).” ALJ Dec. at 8: 8-9. However, the

Administrative Law Judge Decision and Conclusions of Law found that Complainant did establish

Respondent was in violation of A.R.S. § 32-1154(A)(3). ALJ Dec. at 8: 3-7. CONCLUSION AND ORDER The Registrar hereby modifies and removes “not,” found on page 8, line 8, of the Decision. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on December 17, 2016. IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $250.00 payable

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 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 7th day of November 2016.

Registrar of Contractors

/s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 7th day of November 2016 to: Respondent Pangburn Construction Co PO Box 993 Dewey, AZ 86327-0993 Complainant William D Smith 1580 Audry Dr Chino Valley, AZ 86323-6725 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2016-573/an