FINACT2017A-4793-CHC-ROC.pdf

2017A-4793-CHC-ROC · Registrar of Contractors · 2018-03-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Roadrunner Condo Association, Case No. 2017-4793

COMPLAINANT,

PVTS, LLC, Docket No. 2017A-4793-CHC-ROC DBA: Phoenix Valley Tree Service, License No. 308987, 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 states that “Respondent did abandon this project in

violation of A.R.S. 32-1154.A.1.” ALJ Dec. 7:23-24. However, the Registrar did not cite Respondent for

a violation of A.R.S. § 32-1154(A)(1). ALJ Dec. 5:10-17. The Registrar modifies the Administrative

Law Judge Decision to strike the finding of the violation of A.R.S. § 32-1154(A)(1) because it was not cited in the Citation. The Administrative Law Judge Decision states that “Respondent did violate A.R.S. § 32-1154.A.23 by failing to comply with the written directives of the Registrar of contractors, i.e. the CWOs, within a reasonable amount of time without justification.” ALJ Dec. 7:24-26. The administrative law judge erroneously cites to A.R.S. § 32-1154(A)(23), not A.R.S. § 32-1154(A)(22), which is the violation related

1 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 to failure to comply with the written directive of the Registrar, and which was cited in the Citation. The Registrar modifies the Administrative Law Judge Decision to reference the violation of A.R.S. § 32- 1154(22). The administrative law judge also concluded that Respondent’s violation of A.R.S. § 32-1154(A) (22)1 warranted an assessment of a $250.00 civil penalty under A.R.S. § 32-1154(D). ALJ Dec. 8:14-17. The administrative law judge’s civil penalty recommendation is based on an incorrect statute. The Registrar modifies the Administrative Law Judge Decision to reference the correct statute – A.R.S. § 32- 1154(E).

Finally, the administrative law judge concluded that Respondent should be suspended for not less

than 5 days for its violations of A.R.S. §§ 32-1154(A)(2), (3), and (22) 2. ALJ Dec. 8:9-11. But the

administrative law judge recommended that Respondent’s license should be suspended only if

Respondent failed to perform corrective work as listed in the Registrar’s directive. See ALJ Dec. 9:2-6.

Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Respondent to 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.

Respondent failed to correct the workmanship issues identified in the written directive within the time

permitted. The Registrar modifies the Administrative Law Judge Decision to remove language providing

Respondent an additional opportunity to perform corrective work to avoid discipline. CONCLUSION The Registrar hereby modifies the Administrative Law Judge Decision by: • Striking page 7, line 23, which states, “Respondent did abandon this project in violation of A.R.S. 32-1154.A.1”; • Replacing “A.R.S. § 32-1154(A)(23) on page 7, line 24, with “A.R.S. § 32-1154(A)(22)”; • Striking page 8, lines 10-14, which states, “…unless the Respondent complies with the

1 Incorrectly cited as A.R.S. § 32-1154(A)(23) as noted above.

2 Incorrectly cited as A.R.S. § 32-1154(A)(23) as noted above. previously issued CWO. 22. The Respondent should be required to comply with the October 20, 2017 ROC Directive as a condition of its continued licensure.”; • Replacing “A.R.S. § 32-1154(D)” on page 8, line 14, with “A.R.S. § 32-1154(E)”; • Replacing “A.R.S. § 32-1154(A)(23) on page 8, line 16 with “A.R.S. § 32-1154(A)(22)”; and • Replacing the text following the Recommended Order on page 9 and replacing it with “IT IS RECOMMENDED that on the effective date of the final Order in this matter, License No. 308987 of Respondent PVTS, LLC dba Phoenix Valley Tree Service, is suspended

until Respondent provides sufficient proof that it has paid Complainant restitution in the

amount of $1,575.00. IT IS FURTHER RECOMMENDED that, pursuant to A.R.S. § 32-

1154(E), Respondent pay a civil penalty in the amount of $250.00 payable to the Registrar

on or before 30 days from the effective date of this Order. Payment may be hand-delivered

to the Registrar’s physical address or mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748

IT IS FURTHER RECOMMENDED that if Respondent fails to pay the entire amount of the civil penalty on or before 30 days from the effective date of this Order, the Registrar shall revoke Respondent’s license. 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.” FINAL NOTE The Registrar corrects the following: • On page 2, line 21, replace “October 11, 2017,” with “November 10, 2017”; • On page 2, line 23, replace “October 17, 2017” with “October 19, 2017”; and

3 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 • On page 5, lines 19-20, replace “November 26, 2017” with “November 29, 2017”.

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on April 3, 2018. Dated this 22nd 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 22nd day of February 2018 to: Respondent PVTS LLC DBA: Phoenix Valley Tree Service 622 S Hacienda Dr Tempe, AZ 85281-2956

Complainant Roadrunner Condo Association 10534 W Clair Dr Sun City, AZ 85351-4447 Copy sent electronically this same date to: Office of Administrative Hearings Randy Wolfson, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2017-4793/an