FINACT2018A-1015-CHC-ROC.pdf

2018A-1015-CHC-ROC · Registrar of Contractors · 2018-08-28

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Liv Singh Khalsa, Case No. 2018-1015 COMPLAINANT,

v.

Maverick General Contractors, LLC, DBA: New Sun Energies, License No. 293258, Docket No. 2018A-1015-CHC-ROC 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.

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 the Decision and modifies it.

The administrative law judge found that Investigator Pennington substantiated Complainant’s

allegation that Respondent abandoned the contracted project in violation of A.R.S § 32-1154(A)(1). ALJ

Dec. 2:8-10. The administrative law judge found that Investigator Pennington substantiated

Complainant’s allegation that Respondent failed to meet minimum workmanship standards in violation of A.R.S § 32-1154(A) (3). ALJ Dec. 2:8-11. The administrative law judge found that Respondent did not comply with the Directive in violation of A.R.S § 32-1154(A)(22). ALJ Dec 4:8-9. The administrative law judge found that Respondent had recently received two previous disciplines against its license. ALJ Dec. 4:19-23. Finally, the administrative law judge concluded that Complainant established cause for the Registrar to suspend or revoke Respondent’s contractor’s license

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 under A.R.S § 32-1154(A)(22). ALJ Dec. 6:23-27. The administrative law judge recommended suspending Respondent’s license for 5 days and assessing a $500.00 civil penalty. The Registrar modifies that recommendation to revoke Respondent’s license while accepting the assessment of a $500.00 civil penalty because of the gravity of the violations against Complainant. CONCLUSION AND ORDER The Registrar hereby modifies the Recommended Order of the Administrative Law Judge Decision by replacing a portion of the Recommended Order, lines 2-4 on page 7 with “IT IS ORDERED

revoking Respondent’s License No. 293258 on the effective date of this Order.”

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

becomes effective on October 6, 2018.

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 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

Dated this 27th day of August 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 27th day of August 2018 to:

Respondent Maverick General Contractors LLC DBA: New Sun Energies 2040 S Alma School Rd Ste 1-150 Chandler, AZ 85286-7075

Complainant Liv Singh Khalsa 834 E Cambridge Ave Phoenix, AZ 85006-1024 And copy electronically mailed this same date to: Office of Administrative Hearings Jenna Clark, Administrative Law Judge

Case No. 2018-1015/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