FINACT2017A-5894-CHC-ROC.pdf

2017A-5894-CHC-ROC · Registrar of Contractors · 2018-04-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bruce Bruhn, Case No. 2017-5894 COMPLAINANT,

Riverview Property Services LLC, License No. 306849, Docket No. 2017A-5894-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. The Registrar reviewed that decision and modifies it. BACKGROUND The administrative law judge determined that “The preponderance of the evidence shows that Riverview failed to perform its work in a professional manner.” ALJ Dec. 8:4-7. The administrative law judge further determined that “The preponderance of the evidence shows that Riverview violated Ariz. Rev. Stat. section 32-1154(A)(22) by failing to comply with the written directive because Riverview did not complete the required work within the time set out in the directive.” ALJ Dec. 8:11-13. But, after weighing several mitigating factors, the administrative law judge recommended a 3-day suspension only if Riverview failed to return and “make the required corrections.” See ALJ Dec. pg. 8, Recommended Order. ///

1 of 5 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 /// MODIFICATION AND WRITTEN JUSTIFICATION Despite finding that Riverview violated both A.R.S. § 32-1154(A)(3) and A.R.S. § 32-1154(A)(22), the administrative law judge ultimately recommended that Riverview’s license be suspended for three days, if the Respondent does not perform corrective work within 30 days of the Order’s effective date. See generally ALJ Dec. pg. 8, Recommended Order. Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Riverview with an additional opportunity to correct poor workmanship after a citation. Indeed, it is a violation of A.R.S. § 32-1154(A)(22) to fail to take corrective action to comply with a

written directive within the time permitted. Even if Riverview were permitted to perform corrective work

now, it would not cure the underlying violation of A.R.S. § 32-1154(A)(22). Riverview’s appropriate

remedy was to correct the workmanship issues prior to the expiration of the written directive.

The Registrar hereby modifies the Administrative Law Judge Decision, so that on the effective date

of this order Riverview Property Service’s LLC’s license number 306849 is suspended for three days.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision by:

• Striking the Recommended Order on pg. 8 and replacing it with the

following:

o “IT IS RECOMMENDED THAT on the effective date of the Final Order in this matter, Respondent Riverview Property Service’s LLC’s License No. 306849 is suspended for three days.” o “IT IS FURTHER RECOMMENDED that pursuant to A.R.S. § 32-1154(E), Respondent must pay to the Registrar of Contractors, a civil penalty of $200.00 in certified funds on or before 30 days from the effective date of this Order.” o “IT IS FURTHER RECOMMENDED that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless Respondent tenders payment of any outstanding prior civil penalty. Payment may be hand-delivered to the Registrar’s physical address or mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on May 27, 2018.

FINAL NOTE The Registrar hereby replaces, “$9875.75” found on page 2, ¶7, of the Decision, with “$9875.78.” The Registrar also replaces, “January 22, 2018” found on page 4, ¶ 19, of the Decision with, “January 17, 2018.” Dated this 17th 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 and via electronic mail this 17th day of April 2018 to: Respondent Riverview Property Services, LLC. 2161 W. Edgewood Ave. Mesa, AZ 85202-2831

Complainant Bruce Bruhn 2517 E. Baltimore St.

3 of 5 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Mesa, AZ 85213-8407

Complainant’s Attorney Kimberly A. Eckert, Esq. LAW OFFICES OF KIMBERLY A. ECKERT 5235 S. Kyrene Rd., Ste. 206 Tempe, AZ 85283-1784

Case No. 2017-5894/jo

5 of 5 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762