FINACT2017A-4236-CHC-ROC.pdf

2017A-4236-CHC-ROC · Registrar of Contractors · 2018-02-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lisa Koronkiewicz, Case No. 2017-4236 COMPLAINANT,

v.

Black Diamond Carpentry LLC, License No. 238212, Docket No. 2017A-4236-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. MODIFICATION & JUSTIFICATION 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 preponderance of the evidence shows that Respondent violated A.R.S. § 32-1154(A)(3) by failing to perform its work in a professional manner. ALJ Dec. 6:8-10. The Administrative Law Judge found that despite an attempt to correct the poor work, Respondent failed to comply with the Directive respecting 12 distinct issues of poor work. ALJ Dec. 3:14-30 through 4:1-14. The Administrative Law Judge found that the preponderance of the evidence shows that Respondent violated A.R.S.§ 32-1154(A) (22) by failing to timely comply with the Directive. ALJ Dec. 6:11-12. The Administrative Law Judge concluded that Respondent’s license should be suspended as discipline for its workmanship violations and that a civil penalty of $250.00 should be imposed. ALJ Dec. 6:13-15.

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

REGISTRAR’S MODIFICATION AND JUSTIFICATION The Administrative Law Judge concluded that “[t]he preponderance of the evidence shows that Black Diamond violated Ariz. Rev. Stat. section 32-1154(A)(3) by failing to perform its work in a professional manner as is detailed in paragraph 13 of the Findings of Fact herein.” ALJ Dec. 6:8-10. The Administrative Law Judge further concluded that “[t]he preponderance of the evidence shows that Black Diamond violated Ariz. Rev. Stat. section 32-1154(A)(22) by failing to timely comply with the directive.” ALJ Dec. 6:11-12. Finally, the Administrative Law Judge concludes that “Black Diamond’s license

number 238212 should be suspended as discipline for its workmanship violations and a civil penalty of

$250.00 should be imposed for its failure to comply with ROC’s directive.” ALJ Dec. 6:13-15.

Despite these conclusions, the Administrative Law Judge ultimately recommended that

Respondent’s license be suspended for one day on the effective date of the final Order only if Respondent

failed to provide proof to the Registrar that Respondent complied with the directive. See ALJ Dec. 6:19-

24. Title 32, Chapter 10 does not provide Respondent with an additional opportunity to correct poor

workmanship after the expiration of the written directive.

CONCLUSION

The Registrar modifies the Recommended Order of the Administrative Law Judge Decision by:

• Striking lines 19-27 on page 6; and • Replacing lines 19-27 on page 6 with “IT IS RECOMMENDED that on the effective date of the final Order in this matter Black Diamond’s license number 238212 is suspended for one day. IT IS FURTHER RECOMMENDED that pursuant to A.R.S. § 32-1154(E), Black Diamond must pay to the Registrar of Contractors in certified funds a civil penalty of $250.00 on or before the effective date of the final Order in this matter. If Respondent fails to pay this civil penalty within thirty days of this Order’s effective date, then Respondent’s license will be automatically revoked pursuant to A.R.S. § 32-1154(E).”

FINAL NOTE On page 1, line 18 and line 27 strike “cuck” and insert “Chuck”. On page 1, line 28 strike “August 17, 2017” and insert “November 16, 2016”. On page 2, line 26 strike “17” and insert “29”. On page 3, line 14 strike “2” and insert “1”. This Order becomes effective on March 28, 2018. Dated this 16th 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 16th day of February 2018 to: Respondent Black Diamond Carpentry LLC 3704 E El Paso Dr Flagstaff, AZ 86004-2360

Complainant Lisa Koronkiewicz 11100 Henry Dr Flagstaff, AZ 86004-3024 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 Copy sent electronically this same date to: Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge

Case No. 2017-4236/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