FINACT2017A-1383-NPC-ROC.pdf

2017A-1383-NPC-ROC · Registrar of Contractors · 2017-09-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark's Demolition & Excavating, Inc., Case No. 2017-1383

COMPLAINANT,

v.

Restore 1 Inc., Docket No. NPC-2017A-1383-ROC License No. 282399, 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 3, of the Administrative Law Judge Decision recommended that Respondent’s license be

revoked ‘until” Respondent has paid Complainant. The Registrar modifies the recommended order so that

Respondent’s license will be revoked unless Respondent has paid Complainant $44,695.00. A revocation

is a permanent discipline and the word “until” is inappropriate, because it implies a temporary discipline. CONCLUSION AND ORDER The Registrar hereby replaces “until,” found on page 3, of the Decision with “unless.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on October 8, 2017.

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

The Registrar had incorporated this case within a Summary Suspension action, 2017-3800,

against Respondent on July 28, 2017. The Administrative Law Judge heard this matter on July 20, 2017.

Therefore the Registrar will order this case, 2017-1383, removed from the consolidated action of 2017- 3800, concurrent with this Final Administrative Decision and Order. Dated this 29th day of August 2017.

Registrar of Contractors

/s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 29th day of August 2017 to: Respondent Restore 1 Inc 16211 N Scottsdale Rd # 485 Scottsdale, AZ 85254-1584

Complainant Mark's Demolition & Excavating Inc 2425 N Center St Mesa, AZ 85201-1002 Edward J. Marko, Esq. MARKO LAW PLLC 14820 N Cave Creek Rd Ste 6 Phoenix, AZ 85032-4951

And copy electronically mailed this same date to:

Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge

Case No. 2017-1383/an