FINACT2017A-3613-CHC-ROC-RHG.pdf

2017A-3613-CHC-ROC-RHG · Registrar of Contractors · 2018-04-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Mark John Wellenstein, Case No. 2017-3613 COMPLAINANT,

v.

Silverado Air Conditioning LLC, License No. 306496, Docket No. 2017A-3613-CHC-ROC-RHG 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. The Registrar reviewed that decision and modifies it. MODIFICATION & JUSTIFICATION The Registrar issued a citation against Respondent, charging possible violations of A.R.S. § 32- 1154(A)(2), Rule 4-9-108, and thereby of A.R.S. § 32-1154(A)(3), and a possible violation of A.R.S. § 32-1154(A)(22). ALJ Dec. 4:15-24. The administrative law judge determined that the evidence established that the Respondent violated A.R.S. § 32-1154(A)(2) by failing to pull a permit for the work. ALJ Dec. 10:27-28 through 11:1. The record established that Respondent failed to correct the permitting violation as required by the Directive in violation of A.R.S. § 32-1154(A)(22). ALJ Dec. 12:24-28 through 13:1-2. The administrative law judge recommended that Respondent’s license be suspended for two days unless the Registrar receives proof that Respondent had made all the permitting corrections ordered within the Directive within 30 days from the correction date. ALJ Dec. 13:22-29.

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

Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Respondent to an additional opportunity to correct a violation after a citation. Indeed, it is a violation of A.R.S. § 32-1154(A)(22) to fail to take corrective action to comply with a written directive within the time permitted. Even if Respondent were permitted to perform the corrective permitting work now, it would not cure the underlying violation of A.R.S. § 32-1154(A)(22). Respondent’s appropriate remedy was to correct the permitting violation issue prior to the expiration of the written directive. The Registrar hereby modifies the Administrative Law Judge Decision, so that on the effective date of this order Respondent’s license number 306496 be suspended for two days.

CONCLUSION

The Registrar modifies the Administrative Law Judge Decision by:

• Replacing the Recommended Order on page 13, with “IT IS RECOMMENDED

THAT on the effective date of the Final Order in this matter, Respondent’s License

No. 306496 be suspended for two days.”

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on May 22, 2018.

Dated this 12th day of April 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 12th day of April 2018 to: Respondent Silverado Air Conditioning LLC PO Box 22781 Bullhead City, AZ 86439-2781 Silverado Air Conditioning LLC 2021 E Warwick Rd Mohave Valley, AZ 86440-9450 Respondent’s Attorney Mark A. Hanson, Esq. Schern Richardson Finter Decker, PLC 1640 S Stapley Dr Ste 132 Mesa, AZ 85204-6673 Complainant Mark John Wellenstein 946 Sea Spray Dr Bullhead City, AZ 86442-4900 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s counsel at email address on record with the Registrar Complainant at email address on record with the Registrar Copy sent electronically this same date to: Office of Administrative Hearings Roger A. Geddes, Administrative Law Judge Case No. 2017-3613/mm

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