FINACT2017A-4951-CHC-ROC.pdf

2017A-4951-CHC-ROC · Registrar of Contractors · 2018-03-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lawrence Lim, Case No. 2017-4951 COMPLAINANT,

v.

Carrasco Design and Build LLC, License No. 252134, Docket No. 2017A-4951-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 AND WRITTEN 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 hereby modifies

it.

The Administrative Law Judge Decision recommends that Respondent be given an additional 14

days to comply with the written directive. See ALJ Dec. 6:23-27. Although the administrative law judge

determined that Complainant “presented sufficient evidence to establish cause to discipline Respondent’s contractor’s license under A.R.S. § 32-1154(A)(3) for failing to perform all work in a professional and workmanlike manner,” the administrative law judge also determined that Respondent had a valid justification for its failure to complete the repairs required by the Registrar’s Written Directive. See ALJ Dec. 5:23-24; but see ALJ Dec. 5:25-26. Specifically, the administrative law judge found that Respondent “made a good faith and diligent effort in attempting to schedule the corrective work” and that

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Complainant refused to allow Respondent to personally do any corrective work. See ALJ Dec. 5:27 – 6:2. The administrative law judge also found that Complainant refused to permit a subcontractor hired by Respondent to perform corrective work. See ALJ Dec. 6:5-13. As noted in the Registrar’s Substantive Policy Statement 2017.01, it “is recognized that lack of access impinges on one party’s ability to defend itself and utilizing the benefits of the Registrar of Contractors is a privilege. Therefore, it is recommended that the Registrar dismiss complaints in which access is denied.” BB Ewing Property Management v. Khart Management LLC, No. 2015-1168 (ALJ Dec. 15:19–25). In this case, the facts determined by the administrative law judge support a finding that

Complainant denied Respondent meaningful access to the property. The Registrar therefore modifies the

Administrative Law Judge’s Decision as follows:

• On page 6 strike lines 23 through 27.

• On page 7 replace lines 1 through 3 with “Based on the foregoing, it is recommended that

on the effective date of the Registrar of Contractors’ Order, Complainant’s complaint be

dismissed.”

CONCLUSION AND ORDER

For the foregoing reasons, the Registrar hereby dismisses the complaint against Carrasco Design

and Build LLC. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision,

which becomes effective on _______________________. FINAL NOTE On page 2, line 24, strike “17” and insert “27”. Dated this 6th 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 6th day of March 2018 to:

Respondent Carrasco Design and Build LLC 306 W Crofton St Chandler, AZ 85225-7137 Carrasco Design and Build LLC 2305 S Whetstone Pl. Chandler AZ 85286 Complainant Lawrence Lim 4770 E Casey Ln Cave Creek, AZ 85331-3873 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 electronically mailed this same date to: Office of Administrative Hearings Roger A. Geddes, Administrative Law Judge Case No. 2017-4951/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