FINACT2017A-4525-NPC-ROC.pdf

2017A-4525-NPC-ROC · Registrar of Contractors · 2018-02-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kay Construction Inc., Case No. 2017-4525 COMPLAINANT,

v.

Zagros Construction LLC, License No. 279114, Docket No. 2017A-4525-NPC-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 hereby modifies the Administrative Law

Judge Decision.

MODIFICATION AND WRITTEN JUSTIFICATION

The Administrative Law Judge Decision states that “[t]he preponderance of the evidence shows that

Zagros violated ARIZ. REV. STAT section 32-1154(A)(10) as alleged,” and recommends “that on the

effective date of the final Order in this matter, Zagros Construction LLC, License No. 279114 is revoked unless the Registrar receives written verification that Zagros Construction LLC has paid to Kay Construction Inc., $480 in certified funds.” ALJ Dec. 6:2-3 and 6:5-8. Pursuant to A.R.S. §32-1154(A)(10) the holder of a license… shall not commit any of the following acts or omissions: Failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 licensee’s operations as a contractor… (emphasis added).

The administrative law judge determined the amount owed was $480. ALJ Dec: 6:5-8. To find a

violation of A.R.S. § 32-1154(A)(10), there must be a failure to pay at least $750. Because a failure to

pay $480 does not meet the statutory minimum requirements to find a violation of A.R.S. § 32-1154(A) (10), the Registrar must dismiss Case No. 2017-4525. CONCLUSION AND ORDER The Registrar therefore modifies the Administrative Law Judge Decision to delete “The preponderance of the evidence shows that Zagros violated Ariz. Rev. Stat section 32-1154(A)(10) as alleged” found on page 6, line 2-3. The Registrar further modifies the Administrative Law Judge Decision to replace the text following the Order with the following: “IT IS ORDERED that Case No. 2017-4525 is dismissed.” The Registrar accepts the remainder of the Administrative Law Judge Decision, which becomes effective immediately.

Dated this 15th 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 15th day of February 2018 to:

Respondent Zagros Construction LLC PO Box 30469 Phoenix, AZ 85046-0469 Respondent’s Attorney Garrey Woner Hoffmaster & Peshek PC 6611 N Scottsdale Rd Scottsdale, AZ 85250

Complainant Kay Construction Inc. 1006 W Frier Dr Phoenix, AZ 85021-7100

Complainant’s Attorney John G. Ryan, Esq. RYAN RAPP & UNDERWOOD, P.L.C. 3200 N Central Ave Ste 2250 Phoenix, AZ 85012-2401

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 Complainant’s counsel at email address on record with the Registrar Copy sent electronically this same date to: Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Case No. 2017-4525/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