FINACT2018A-1385-NPC-ROC.pdf

2018A-1385-NPC-ROC · Registrar of Contractors · 2018-07-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Breeze Glass, LLC, Case No. 2018-1385

COMPLAINANT,

v.

East Valley Disaster Services Inc., Docket No. 2018A-1385-NPC-ROC License No. 276088, 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. REJECTION & 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 rejects it. The Registrar of Contractors issued a citation to East Valley Disaster Services, Inc., (“Respondent”) for a violation of A.R.S. § 32-1154(A)(10). ALJ Dec. 1:22-23. A.R.S. § 32-1154(A)(10) states: Failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee's operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. The administrative law judge concluded that Complainant had failed to establish that Respondent

violated A.R.S. § 32-1154(A)(10) because a “valid question was presented as to the workmanship of

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Complainant’s work on the project” despite finding that the evidence did not demonstrate any apparent flaws with the window installation after the trim and caulk were applied. ALJ Dec. 2:13-14 and ALJ DEC 3:1-4. The Registrar rejects the Administrative Law Judge Decision closing the complaint based on an unsubstantiated defense of poor workmanship because unsubstantiated poor workmanship is not a defense to A.R.S. § 32-1154(A)(10). CONCLUSION The Registrar rejects the ALJ Decision to close the complaint. The Registrar remands the matter

back to the administrative law judge to determine if Respondent failed to pay monies in excess of seven

hundred fifty dollars when due for materials or services rendered in connection with contracting, pursuant

to A.R.S. § 32-1154(A)(10).

Dated this 20th 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 20th day of July 2018 to:

Respondent East Valley Disaster Services Inc 257 W Broadway Rd Mesa, AZ 85210-1543 Complainant Desert Breeze Glass LLC 916 E Baseline Rd Ste 104 Mesa, AZ 85204-6603

Copy sent electronically this same date to:

Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge Case No. 2018-1385/an