FINACT2017A-3653-LDA-ROC.pdf

2017A-3653-LDA-ROC · Registrar of Contractors · 2017-12-07

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Registrar of Contractors, Case No. 2017-3653 COMPLAINANT,

v.

Hawks Designs LLC DBA: Two Hawks Design & Build, License No. 313970, Docket No. 2017A-3653-LDA-ROC 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

The Administrative Law Judge Decision recommends that “Respondent’s appeal be sustained and

that the Registrar of Contractors approve Respondent’s license application.” ALJ Dec. 4:21-23. The

Registrar hereby modifies the Administrative Law Judge Decision to replace the above phrase with:

“Respondent’s appeal be sustained and the Registrar’s Notice of Denial is overturned. Respondent’s license application is remanded back to the Registrar of Contractors for review and consideration.” Remand is necessary as the Respondent’s appeal was limited to the Registrar’s determination that Respondent lacked good character under A.R.S. § 32-1122(D), as stated in the Notice of Denial.1 Respondent’s application must still be reviewed by the Registrar to determine whether Respondent meets Prior to the hearing, the Registrar resolved its objection to Respondent’s trade experience.

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 remaining qualifications for licensure. CONCLUSION AND ORDER The Registrar hereby modifies the Administrative Law Judge Decision and will review Respondent’s license application. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective upon the issuance of this Order. Dated this 6th day of December 2017. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail and this 6th day of December 2017 to: Respondent Hawks Designs LLC DBA: Two Hawks Design & Build 4525 N 36th Way Phoenix, AZ 85018-3538

Respondent’s Attorney Steven R. Beeghley, Esq. SACKS TIERNEY PA 4250 N Drinkwater Blvd Fl 4 Scottsdale, AZ 85251-3987

Copy electronically sent this same date to:

Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge Office of the Attorney General Thomas Raine, Assistant Attorney General

Case No. 2017-3653/mm