FINACT2017A-5187-NPC-ROC.pdf

2017A-5187-NPC-ROC · Registrar of Contractors · 2018-03-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Southwest InSEALators, LLC, Case No. 2017-5187

COMPLAINANT,

v.

Fleenor Construction, LLC, Docket No. 2017A-5187-NPC-ROC License No. 289501, 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 determined that Respondent violated A.R.S. § 32-1154(A)(10). ALJ Dec. 5:18-20. The Administrative Law Judge Decision recommended that Respondent’s license be suspended for 7 days and that no suspension take place if Respondent paid Complainant $4,474.00. ALJ Dec. 6:2-7. The Registrar determines that a 7-day finite suspension would be insufficient to remedy Respondent’s violation. Rather, the appropriate remedy in the event Respondent fails to comply with the Registrar’s Final Administrative Decision and Order is a provisional suspension until Respondent has paid Complainant $4,474.00. CONCLUSION AND ORDER The Registrar hereby replaces lines 2-7 on page 6 of the Recommended Order of the Administrative

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Law Judge Decision with the following: “IT IS RECOMMENDED that on the effective date of this Order, Respondent Fleenor Construction LLC's License Number 289501 is suspended until the Registrar receives and accepts written verification that Respondent has paid $4,474.00 in certified funds.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on April 8, 2018. Dated this 27th 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 27th day of February 2018 to:

Respondent Fleenor Construction LLC 2875 W Ray Rd Ste 6-213 Chandler, AZ 85224-3524 Complainant Southwest InSEALators LLC 5450 E Angela Dr Scottsdale, AZ 85254-5803

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. 2017-5187/an