FINACT2017A-1642-CPA-ROC.pdf

2017A-1642-CPA-ROC-rhg · Registrar of Contractors · 2017-11-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

IN THE MATTER OF THE CIVIL PENALTY Case No. 2017-1642 CITATION ISSUED TO: Docket No. 2017A-1642-CPA-ROC

Tiffanie Ann Murray, 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. REJECTION AND WRITTEN JUSTIFICATION In this case, a hearing was held on June 22, 2017, and the administrative law judge issued a written decision dated July 12, 2017. See Administrative Law Judge Decision attached. The Registrar reviewed that decision and accepted it on July 28, 2017. The matter was scheduled for re-hearing on October 3, 2017. The administrative law judge convened the re-hearing, but re-submitted the July 12, 2017 Administrative Law Judge Decision to the Registrar on October 23, 2017. The Registrar reviewed that July 12, 2017 decision and rejects it. The Administrative Law Judge’s Decision recommended that the Registrar’s March 27, 2017 Cease and Desist Order be upheld. However, this matter was referred to the Office of Administrative Hearings for both the March 27, 2017 Cease and Desist Order and Registrar’s April 7, 2017 Cease and Desist Order and Civil Citation. The April 7, 2017 Citation assessed a civil penalty fine of $10,000.00 against the Respondent. The July 22, 2017 Administrative Law Judge Decision was silent on the April 7, 2017 Cease and Desist Order, Citation and 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 rejects the second July 12, 2017 decision received on October 23, 2017 and remands this matter back to the Office of Administrative Hearings for a written decision which: (1) addresses the October 3, 2017 re-hearing; and (2) determines whether each of the March 27, 2017 Cease and Desist Order and the April 7, 2017 Cease and Desist Order and Civil Citation should be upheld. 1 Dated this 13th day of November 2017. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 13th day of November 2017 to: Respondent Tiffanie Ann Murray 15621 N 9th Ave Phoenix, AZ 85023-4475

And a copy electronically mailed this same date to:

Respondent at email address on record with the Registrar

Registrar’s Counsel Thomas Raine, Assistant Attorney General Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Case No. 2017-1642/ba

1 The Registrar concedes that it waived imposition of the civil penalties assessed in the April 7, 2017 Citation at

the June 22, 2017 hearing.