FINACT2016A-72-ROC.pdf

2016A-72-ROC · Registrar of Contractors · 2016-08-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tri C Painting Inc., Case No. 2016-72 DBA: Tri C Diversified Construction COMPLAINANT, v. Docket No. 2016A-72-ROC Majestic Concrete Creations LLC, License No. 252872, 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 7, lines 11-12, of the Administrative Law Judge Decision, recommended that Respondent

“must pay to the Registrar a civil penalty of $200.00 in certified funds.” 7:10–12. However, the

Registrar’s April 12, 2016, Citation did not list a violation of A.R.S. § 32-1154(A)(22), and the Decision

explicitly rejects A.R.S. § 32-1154(A)(22) as the basis for a statutory violation or civil penalty. 7:6–8. No basis for the civil penalty is explicitly cited. Based on the Administrative Law Judge Decision and Conclusions of Law, a one (1) day suspension of Respondent’s license is appropriate in this case, given that the Decision did find a violation of A.R.S. § 32-1154(A)(3), ALJ Decision at 6:13–18, but cited no basis for a civil penalty.

1 of 2 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 modifies the Recommended Order that Respondent’s license shall be suspended for one (1) day upon the effective date of this Order. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on September 24, 2016. Dated this 15th day of August 2016. Registrar of Contractors /s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 15th day of August 2016 to: Respondent Majestic Concrete Creations LLC 1731 W Rose Garden Ln Ste 2 Phoenix, AZ 85027-2714 Complainant Tri C Painting Inc., DBA: Tri C Diversified Construction 3727 W Irma Ln Glendale, AZ 85308-2120 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2016-72/an