FINACT2017A-4161-CHC-ROC.pdf

2017A-4161-CHC-ROC · Registrar of Contractors · 2018-03-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sophia Loren Campbell, Case No. 2017-4161 COMPLAINANT,

Redemption Fine Home Builders LLC, License No. 290216, Docket No. 2017A-4161-CHC-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. The Registrar reviewed that decision and modifies it.

BACKGROUND

The Administrative Law Judge determined “The preponderance of the evidence does show that

Redemption committed workmanship violations related [to] its failure to paint or caulk areas after it

provided repairs or corrections to comply with the ROC’s Directive.” ALJ Dec. pg. 7, ¶ 10. The

Administrative Law Judge further determined that “The preponderance of the evidence also shows that Redemption did not comply with ROC’s Directive because it did not complete all required repair work [i.e., painting and caulking] in the time ROC allotted notwithstanding that a 10 day extension of time to complete was allowed.” ALJ Dec. pg. 7, ¶ 11. But, after weighing several mitigating factors, the Administrative Law Judge recommended a 1-day suspension only if Redemption failed to appropriately paint and caulk Complainant’s home as necessary. See ALJ Dec. pg. 8, Recommended Order.

1 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762

MODIFICATION AND WRITTEN JUSTIFICATION Despite finding that Respondent violated both A.R.S. § 32-1154(A)(3) and A.R.S. § 32-1154(A) (22), the Administrative Law Judge ultimately recommended that Respondent’s license be suspended for one day, if the Respondent does not perform corrective work within 30 days of the Order’s effective date. See generally ALJ Dec. pg. 7-8. Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Respondent with an additional opportunity to correct poor workmanship 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 corrective 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 workmanship issues 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 Redemption Construction, Inc.’s license number 290216 is suspended for one day.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision by:

• Striking the Recommended Order on pg. 8; and

• Replacing the Recommended Order with the following:

o “IT IS RECOMMENDED THAT on the effective date of the Final Order in this matter, Respondent Redemption Fine Home Builders, LLC’s License No. 290216 is suspended for one day.” o “IT IS FURTHER RECOMMENDED that pursuant to A.R.S. § 32-1154(E), Respondent must pay to the Registrar of Contractors, a civil penalty of $200.00 in certified funds on or before 30 days from the effective date of this Order.” o “IT IS FURTHER RECOMMENDED that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless Respondent tenders payment of any outstanding prior civil penalty.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on April 2, 2018. FINAL NOTE

On page 2, paragraph 6, strike “85012-3063” and insert “85037-2732”. On page 5, paragraph 18,

strike “... Respondent’s home to work” and insert “Complainant’s home to work”. On page 8, paragraph

14 strike “for lack of bond”.

Dated this 21st day of February 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 21st day of February 2018 to:

Respondent Redemption Fine Home Builders LLC 11432 W Winslow Ave Tolleson, AZ 85353-9442 Complainant Sophia Loren Campbell 8501 W Mitchell Dr Phoenix, AZ 85037-2732

Complainant’s Attorney Joyce N Van Cott 3030 N 3rd St Ste 790

3 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Phoenix, AZ 85012-3063

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s counsel at email address on record with the Registrar

Copy sent electronically this same date to:

Office of Administrative Hearings Randy Wolfson, Administrative Law Judge Case No. 2017-4161/mm