FINACT2018A-04343-ROC.pdf

2018A-04343-ROC · Registrar of Contractors · 2019-09-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ryan W Lowing, Case No. 2018-04343 COMPLAINANT, Docket No. 2018A-04343-CHC-ROC v. A to Z Tauveli Landscape & Design LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 276019, 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. MODIFICATION AND WRITTEN JUSTIFICATION 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 modifies the Recommended Order as set forth below. In the Recommended Order, the administrative law judge recommended that within fifteen days of the effective date of the final Order in this matter A to Z Tauveli Landscape & Design LLC must pay to the Registrar of Contractors $500 in certified funds. However, A.R.S. §32-1154(E) states that failure by the licensee to pay any civil penalty imposed results in the automatic revocation of the license thirty days after the effective date of the order providing for the civil penalty. CONCLUSION AND ORDER The Registrar hereby modifies the Administrative Law Judge Decision by: • Replacing the Recommended Order on page 8, lines 4-6, with the following: ♦ IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $500.00 payable to the Registrar on or before 30 days from the effective date of

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 this Order. 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 ♦ IT IS FURTHER ORDERED that if Respondent fails to pay the entire amount of the civil penalty on or before the thirty days following the effective date of the Registrar’s Order, the Registrar shall revoke License No. 276019 effective on such deadline date. No future license shall be issued to any entity consisting of person associated with Respondent, as defined in A.R.S. §32-1101(A)(7), unless Respondent tenders payment of any outstanding civil penalty.

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

becomes effective on October 6, 2019.

Dated August 27, 2019. Registrar of Contractors /s/ Joseph Citelli Joseph Citelli, Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail August 27, 2019 to:

Respondent A to Z Tauveli Landscape & Design LLC 9819 E Irwin Ave Mesa, AZ 85209 Complainant Ryan W Lowing 2736 E Mead Ct Gilbert, AZ 85298 John G. Ryan Esq. 3200 N. Central Ave., Ste. 2250 Phoenix, AZ 85012

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Office of Administrative Hearings Thomas Shedden, Administrative Law Judge Case No. 2018-04343 / fh

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