FINACT2017A-5547-NPC-ROC.pdf
2017A-5547-NPC-ROC · Registrar of Contractors · 2018-03-01
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Consolidated Electrical Distributors, Inc., Case No. 2017-5547
COMPLAINANT,
v.
Butera Electric, Inc., Docket No. 2017A-5547-NPC-ROC License No. 294020, 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 Decision recommended that Respondent pay the sum of $25,948.55
to Complainant due to a violation of A.R.S. § 32-1154(A)(11). ALJ Dec. 5:5-20 and 6:2. The
administrative law judge quoted A.R.S. § 32-1154(A)(10), which was the statute cited by the Registrar,
but erroneously cited A.R.S. § 32-1154(A)(11). The administrative law judge also recommended payment
of the sum of $25,948.55, which includes service charges listed in Complainant’s October 2017 Invoice
attached to its complaint. A.R.S. § 32-1154(A)(10) does not authorize the Registrar to award interest or
fees. Therefore, the Registrar modifies the payment amount from $25,948.55 to $22,978.80, which is the amount identified on the October 2017 Invoice and Complainant’s complaint, exclusive of interest and fees. In addition, the administrative law judge recommended that “[t]hirty days after the effective date of
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 final Order in this matter, [Respondent’s] License No. 294020 is suspended for five days” unless the Registrar receives proof that Respondent paid the debt before that date. ALJ Dec. 5:28-29 through 6:2. The administrative law judge then also recommended revocation if Respondent failed to pay the debt before thirty days after the effective date of the final Order. ALJ Dec. 6:3-7. Because the Administrative Law Judge Decision contradicts itself in that it recommends both suspension and revocation for the same conduct, the Registrar modifies the recommendation to suspend Respondent until it provides sufficient proof that it has paid Complainant $22,978.80. CONCLUSION
The Registrar hereby modifies the Recommended Order of the Administrative Law Judge Decision
by replacing page 5, line 27 through page 6 line 7 with “Respondent Butera Electric Inc.’s License No.
294020 shall be suspended until Respondent provides sufficient proof that it has paid Complainant the
sum of $22,978.80.”
The Registrar further modifies the Administrative Law Judge Decision by replacing “Ariz. Rev.
Stat. § 32-1154(A)(11)” found on page 5, lines 5, 14, and 17 with “Ariz. Rev. Stat. § 32-1154(A)(10).”
The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which
becomes effective on April 2, 2018.
Dated this 21st 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 21st day of February 2018 to: Respondent Butera Electric Inc 4618 W Park View Cir Glendale, AZ 85310-3100
Complainant Consolidated Electrical Distributors Inc 15230 N 75th St Ste 2020 Scottsdale, AZ 85260-2465 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. 2017-5547/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