FINACT2016A-901-ROC.pdf

2016A-901-ROC · Registrar of Contractors · 2016-10-11

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Joseph Peter Altieri, Case No. 2016-901 COMPLAINANT, v. Davis Construction FINAL A LLC, DMINISTRATIVE DECISION License No. 295230,

RESPONDENT. Docket No. 2016A-901-ROC 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’s Decision recommended that Respondent’s license be suspended until Respondent complies with A.R.S. §§ 32-1124(B) and 32-1158(B). It was further recommended that if Respondent provides written proof of compliance, its license will be reinstated and placed on probation. The Registrar herby rejects the Administrative Law Judge’s attached Recommended Order, and maintains that revocation is the appropriate disciplinary sanction in this matter, based on the Respondent’s prior disciplinary offenses. CONCLUSION AND ORDER

The Registrar hereby modifies the Recommended Order so that Respondent’s license may be

revoked on the effective date of this Order; without opportunity for reinstatement by compliance, in

accordance with the outcome in Case Nos. 2016-1147and 2016A-1110-ROC.

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 This Final Administrative Decision becomes effective on November 13, 2016.

Dated this 4th day of October 2016. Registrar of Contractors /s/ James N. Hanson ----------------------------------------------------------- James N. Hanson Assistant Director, Legal Department

Copy mailed via USPS First Class mail this 4th day of October 2016 to:

Respondent Davis Construction LLC 2001 E. Lohman Av., Ste. 110 Las Cruces, NM 88001-3197 Complainant Joseph Peter Altieri 150 E. Siesta Ridge Cove Cottonwood, AZ 86326-2883

And copy electronically mailed this same date to: Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge Case No. 2016-901/ck

3 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762