FINACT2017A-4891-CHC-ROC.pdf

2017A-4891-CHC-ROC · Registrar of Contractors · 2018-03-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kirk Nielson Development Inc., Case No. 2017-4891 DBA: KNC Contracting Docket No. 2017A-4891-CHC-ROC COMPLAINANT, v. Floors Unlimited Inc., License No. 086526, 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. The Registrar reviewed that decision and modifies it. BACKGROUND The Registrar issued a citation against Respondent, charging possible violations of Rule 4-9-108, and thereby of A.R.S. § 32-1154(A)(3) and a possible violation of A.R.S. § 32-1154(A)(22). ALJ Dec. 2:3-7. The administrative law judge determined that the evidence established that the Respondent violated Rule 4-9-108, and thereby A.R.S. § 32-1154(A)(3). ALJ Dec. 5:14-16. The administrative law judge determined that Respondent failed to correct the work as required by the Directive. ALJ Dec. 6:1-3. The administrative law judge recommended that Respondent’s license be suspended for two days unless the Registrar receives proof, within 10 days of the effective date, that Respondent performed the corrective work ordered within the Directive. ALJ Dec. 6:19-23.

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

THE REGISTRAR’S MODIFICATION & JUSTIFICATION

The Registrar modifies the recommended order that Respondent’s license be suspended for two

days, if the Respondent failed to perform corrective work within 10 days of the Order’s effective date, to

a non-provisional two day suspension of the license. 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. 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 Respondent’s License No.: 086526 is suspended for two days.

CONCLUSION

The Registrar modifies the Administrative Law Judge Decision by:

• Replacing the Recommended Order on page 6, lines 18-26, with “IT IS

RECOMMENDED THAT on the effective date of the Final Order in this matter,

Respondent’s License No.: 086526 be suspended for two days.”

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on May 5, 2018.

Dated this 26th day of March 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 26th day of March 2018 to: Respondent Floors Unlimited Inc 21609 N 12th Ave Ste 100 Phoenix, AZ 85027-2836

Complainant Kirk Nielson Development Inc DBA: KNC Contracting 151 W University Dr Mesa, AZ 85201-5817 Dennis A. Sever, Esq. Law Office of Dennis A Sever, PLC 2826 S Carriage Ln Ste 100 Mesa, AZ 85202-7801 Copy sent electronically this same date to:

Office of Administrative Hearings Roger A. Geddes, Administrative Law Judge 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 Case No. 2017-4891/an

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