FINACT2017A-5590-LDA-ROC.pdf

2017A-5590-LDA-ROC · Registrar of Contractors · 2018-05-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2017-5590

v. Pipe Connections, LLC, Pending License Application No. 316038, Docket No. 2017A-5590-LDA-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

After reviewing the facts and circumstances, the administrative law judge determined that “Mr. Fimbres has shown sufficient good character and reputation to meet the requirement of A.R.S. § 32-1122 for the grant of his application for a contractor’s license.” ALJ Dec. 9-10. In support of this determination, the administrative law judge listed numerous factors supporting Mr. Fimbres’ good character and reputation. See ALJ Dec. 8:13-30; 9:1. The administrative law judge noted that “It has been more than seventeen years since Mr. Fimbres has been in any kind of trouble with the law, including any improprieties with children.” ALJ Dec. 7:17-18. The administrative law judge also found that “[Mr. Fimbres] has demonstrated strong support in the community for his continued rehabilitation.” ALJ Dec. 7:18-19. But despite finding that Mr. Fimbres’ met his burden of establishing that he is a man of good character and reputation, the administrative law judge recommended the Registrar issue a provisional

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 license subject to a probationary period and other conditions. See ALJ Dec. 9:13-21. While the Registrar has the authority to issue a provisional license under A.R.S. 32-4701, it would be inappropriate to issue such a license in this instance. Here, the Registrar denied Mr. Fimbres’ license application for lack of good character under A.R.S. § 32-1122(C). Mr. Fimbres’ appealed the Registrar’s denial and the administrative law judge determined Mr. Fimbres demonstrated “by a preponderance of the evidence, that he is a man of good character and reputation.” ALJ Dec. 9:8-9. Given this finding, it would be inappropriate to issue a provisional license to Mr. Fimbres. Because the administrative law judge determined that Mr. Fimbres established his good character and met A.R.S. § 32-1122(C)’s statutory

requirement, the appropriate remedy is to issue Mr. Fimbres a contractor’s license without probationary

terms or conditions.

CONCLUSION AND ORDER

The Registrar hereby modifies Administrative Law Judge Decision by:

• Striking lines 1-7 on page 8, and

• Striking lines 16-21 on page 9.

The Registrar accepts the remainder of the Administrative Law Judge Decision, which becomes effective

on June 17, 2018. The Registrar will issue a license to Mr. Fimbres in due course.

Dated this 8th day of May 2018.

Registrar of Contractors

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

Copy mailed via USPS First Class mail and via electronic mail this 8th day of May 2018 to: Respondent Pipe Connections LLC 460 W Love Rd San Tan Valley, AZ 85143-4807 Jesse D. Cook, Esq. COOK & PRICE, PLC 402 E Southern Ave Tempe, AZ 85282-5203

And copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2017-5590/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