FINACT2017A-502-CHC-ROC.pdf

2017A-502-CHC-ROC · Registrar of Contractors · 2017-09-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Diana L. Thomas, Case No. 2017-502 COMPLAINANT,

v.

Landcare Unlimited LLC, License No. 235490, Docket No. 2017A-502-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.

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 orders Landcare Unlimited LLC to pay the sum of $250.00

by way of a civil penalty to the Registrar, pursuant to A.R.S § 32-1154(D). A civil penalty cannot be

assessed for A.R.S § 32-1154(D), however it can be assessed for A.R.S § 32-1154(E) if a violation of

A.R.S § 32-1154(A)(22) is found. The Administrative Law Judge Decision found that Landcare Unlimited LLC did not violate A.R.S 32-1154(A)(22), therefore the Registrar removes the civil penalty on page 6, line 5 of the Administrative Law Judge Decision. FINAL NOTE On page 3, line 2 the Administrative Law Judge Decision states that the Registrar issued a Citation on June 22, 2017. The citation was issued on May 8, 2017. Finally, because the Administrative Law

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Judge Decision does not provide a conclusion of law regarding the Registrar’s citation of A.R.S § 32- 1154(A)(2), that charge is unsubstantiated. CONCLUSION AND ORDER The Registrar hereby removes the civil penalty. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on October 7, 2017. Dated this 28th day of August 2017. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 28th day of August 2017 to: Respondent Landcare Unlimited LLC PO Box 611 Litchfield Park, AZ 85340-0611

Complainant Diana L Thomas 1745 N 133rd Dr Goodyear, AZ 85395-2275 Copy electronically mailed this same date to: Office of Administrative Hearings Velva Moses-Thompson Administrative Law Judge Case No. 2017-502/mm