FINACT2017A-1682-CHC-ROC.pdf

2017A-1682-CHC-ROC · Registrar of Contractors · 2017-07-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Geraldine P. Schrameck, Case No. 2017-1682 COMPLAINANT,

v.

JAGR Shed & Garage LLC, License No. 303531, Docket No. CHC-2017A-1682-ROC RESPONDENT. FINAL ADMINISTRATIVE DECISION 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 Decision recommended that the Registrar require Respondent to pay a $500.00 civil penalty pursuant to A.R.S. § 32-1154(E). See ALJ Dec. 6: 8-15. A.R.S. § 32-1154(E)

provides that the Registrar may impose a civil penalty for each violation of A.R.S. § 32-1154(A)(22). In

this case, the Registrar’s April 21, 2017 Citation did not list an alleged violation of A.R.S. § 32-1154(A)

(22), nor did the administrative law judge find that Respondent violated A.R.S. § 32-1154(A)(22).

Because the administrative law judge did not find that Respondent violated A.R.S. § 32-1154(A)(22), the

Registrar modifies the recommended order and removes the $500 civil penalty.

The Registrar accepts the remainder of the recommended order to suspend Respondent’s license for

a period of three (3) days on the effective date of this Order. The Registrar further notes that license no.

199593 listed on Complainant’s contract does exist and such license was voluntarily cancelled on May

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 11, 2016 upon issuance of Respondent’s B.303531-R license.

CONCLUSION AND ORDER The Registrar hereby modifies and removes page 6, lines 8-15 of the Administrative Law Decision (removing the imposition of the $500 civil penalty). The Registrar hereby accepts the remainder of the Administrative Law Judge Decision Findings of Fact, Conclusions of Law and Recommended Order, which becomes effective on September 2, 2017. Dated this 24th day of July 2017. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director Legal and Recovery Fund Copy mailed via USPS First Class mail this 24th day of July 2017 to: Respondent JAGR Shed & Garage LLC 1103 N Opal Dr Prescott, AZ 86303-6216

Complainant Geraldine P Schrameck 1345 E Oxbow Cir Paulden, AZ 86334-5009 And copy electronically mailed this same date to: Office of Administrative Hearings Linda Marie Brown, Administrative Law Judge

Case No. 2017-1682/an