FINACT2017A-5434-NPC-ROC.pdf

2017A-5434-NPC-ROC · Registrar of Contractors · 2018-04-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

DGB Enterprises Inc., Case No. 2017-5434 COMPLAINANT,

v.

Maverick General Contractors LLC DBA: New Sun Energies, License No. 293258, Docket No. 2017A-5434-NPC-ROC 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.

REGISTRAR’S 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 hereby rejects it.

WRITTEN JUSTIFICATION

The Registrar cited Respondent for a violation of A.R.S. § 32-1154(A)(10) for failure or refusal to

pay monies when due in excess of seven hundred fifty dollars for materials or services rendered in

connection with Respondent’s operations as a contractor. ALJ Dec. 1:30-2:1. The Complainant alleged Respondent owed it $41,562.00 and Respondent defended on the basis that it had offsets in the amount of $43,658.65. See ALJ Dec. 2:16-20. The administrative law judge determined that the Respondent failed to prove $39,005.24 of offsets, but failed to specify the basis for the allowed offset amount of $4,653.41. See ALJ Dec. 6:21-23; 7:1-3. The Registrar cannot accept the Administrative Law Judge’s Decision until this discrepancy is resolved. Therefore, the Registrar rejects the Decision.

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

IT IS ORDERED that the administrative law judge will reissue an administrative law judge decision specifying the basis for the $4,653.41 in offsets. If the administrative law judge is unable to render a decision based on the current record, the Office of Administrative Hearings shall notify the Registrar and the Registrar will schedule a new hearing for the parties to supplement the record. IT IS FURTHER ORDERED that if the administrative law judge determines that discipline is warranted after remand, the administrative law judge will issue discipline in the form of revocation or suspension until compliance. The Registrar considers finite suspensions insufficient to remedy a violation

of A.R.S. § 32-1154(A)(10).

CONCLUSION AND ORDER

For the foregoing reasons, the Registrar rejects the Administrative Law Judge Decision and

remands the matter back to the administrative law judge to make a finding as to the specific basis for the

$4,653.41 offset. This Order is effective immediately.

Dated this 16th day of April 2018.

Registrar of Contractors

/s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 16th day of April 2018 to:

Respondent Maverick General Contractors LLC DBA: New Sun Energies 2040 S Alma School Rd Ste 1-150 Chandler, AZ 85286-7075

Respondent’s Attorney Joel E. Sannes, Esq. UDALL SHUMWAY PLC 1138 N Alma School Rd Ste 101 Mesa, AZ 85201-3003 Complainant DGB Enterprises Inc. 2214 N Magdalena Pl Casa Grande, AZ 85122

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s counsel at email address on record with the Registrar Complainant at email address on record with the Registrar

Copy sent electronically this same date to:

Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2017-5434/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