FINACT2018A-119-CHC-ROC.pdf

2018A-119-CHC-ROC · Registrar of Contractors · 2018-07-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Richard Bentley McKim, Case No. 2018-119 COMPLAINANT,

v.

P B K Construction LLC, License No. 203926, Docket No. 2018A-119-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. MODIFICATION & 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 modifies it. The Registrar issued a citation against Respondent, charging possible violations of Rule 4-9-108, and thereby of A.R.S. § 32-1154(A)(3) and a possible violation of A.R.S. § 32-1154(A)(22). ALJ Dec. 2:16-19. The administrative law judge determined that the evidence established that the Respondent violated Rule 4-9-108, and thereby A.R.S. § 32-1154(A)(3). ALJ Dec. 4:26-28. The administrative law judge determined that the evidence established that the Respondent violated A.R.S. § 32-1154(A)(22). ALJ Dec. 5:10-11. The administrative law judge recommended that Respondent’s license be revoked unless the Registrar receives proof that Respondent had either installed the plugs and stops on the 2 sliding doors in an appropriate manner or paid another licensed contractor to effect that directive before the effective date of this Order. ALJ Dec. 5:14-20.

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Respondent to 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. The Registrar hereby modifies the Administrative Law Judge Decision, so that on the effective date of this order Respondent’s License No.: 203926 is suspended for one day. CONCLUSION The Registrar modifies the Administrative Law Judge Decision by replacing page 5, lines 14-20, of the Recommended Order within the Decision with “IT IS ORDERED that on the effective date of this

Order, PBK Construction, LLC, License No: 203926 shall be suspended for one day.”

IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $250.00

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

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on August 19, 2018.

Final Note

The Registrar replaces, “January 19, 2018,” found on page 2, ¶ 3, of the Decision with, “January

10, 2018.”

Dated this 10th day of July 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 10th day of July 2018 to: Respondent P B K Construction, LLC. PO Box 2543 Sedona, AZ 86339-2543

Respondent’s Attorney Whitney Cunningham, Esq. Aspey Watkins & Diesel, PLLC. 123 N. San Francisco St., Ste. 300 Flagstaff, AZ 86001-5291 Complainants Richard and Catherine McKim 1696 Coyote Rd. Prescott, AZ 86303-5339 Case No. 2018-119/jo

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