FINACT2017A-814-CHC-ROC.pdf

2017A-814-CHC-ROC · Registrar of Contractors · 2017-08-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jo A. Erath, Case No. 2017-814 COMPLAINANT,

v.

Holtzman Home Improvement LLC, License No. 242008, 289443 Docket No. 2017A-814-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.

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.

JUSTIFICATION

Under A.R.S. § 32-1154(B), the Registrar may suspend or revoke a contractors’ license if the licensee “is guilty of or commits any of the acts or omissions set forth in [A.R.S. § 32-1154(A)]”. Here, the Administrative Law Judge explicitly found that Respondent did not violate either A.R.S. § 32- 1154(A) (3) or (22). See ALJ Dec. 6:1-11. Despite finding a violation of A.R.S. § 32-1154(A) did not occur, the Administrative Law Judge recommended that Respondent’s license be suspended for one day unless proof was provided that Respondent performed certain repairs.

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Because the Administrative Law Judge made no finding of fact or conclusion of law that indicates Respondent committed a violation of A.R.S. § 32-1154(A), there is no basis for the Registrar to suspend the Respondent’s license. Nothing in this Order is intended to prevent Complainant from seeking damages in a civil court of competent jurisdiction. CONCLUSION AND ORDER The Registrar hereby REJECTS the Administrative Law Judge decision. IT IS FURTHER ORDERED that Case No. 2017-814 is dismissed. This decision is the final administrative decision in this case and becomes effective on September 13, 2017.

Dated this 4th day of August 2017. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 4th day of August 2017 to:

Respondent Holtzman Home Improvement LLC 1214 E Kristal Way Phoenix, AZ 85024-2347 Respondent’s Attorney Alicia Casale Murphy Karber Cordier PLC 2025 N 3rd St Ste 200 Phoenix, AZ 85004-1488 Complainant Jo A. Erath 2231 E Branham Ln Phoenix, AZ 85042-6935

Copy electronically mailed this same date to:

Office of Administrative Hearings Randolph D. Wolfson Administrative Law Judge Case No. 2017-814/mm