FINACT2016A-75-ROC.pdf

2016A-75-ROC · Registrar of Contractors · 2016-08-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Laura Ann Freeman, Case No. 2016-75

COMPLAINANT,

v.

BWL Construction LP, Docket No. 2016A-75-ROC License No. 289316, 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 modifies the Administrative Law Judge’s Recommended Decision that this “appeal

be denied.” The Registrar believes that a dismissal against Respondent’s license is appropriate in this

case, because the matter is a contested case in which the Complainant has the burden, not an appealable

agency action. CONCLUSION AND ORDER For sake of clarity, the Registrar hereby replaces “appeal be denied” found on page 1, of the Administrative Law Judge’s Recommended Decision with “case be dismissed.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on October 5, 2016.

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

Dated this 26th 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 26th Day of August 2016 to: Respondent BWL Construction LP 9854 S 45th Pl Phoenix, AZ 85044-5515 Fidelis V. Garcia Esq. GARCIA LAW GROUP PLLC 1302 W. Camelback Rd. Phoenix, AZ 85013-2107 Complainant Laura Ann Freeman 4606 E Palo Verde Dr Phoenix, AZ 85018-1258 And copy electronically mailed this same date to: Office of Administrative Hearings Case No. 2016-75/deu