FINACT2018A-1622-CHC-ROC.pdf

2018A-1622-CHC-ROC · Registrar of Contractors · 2018-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bridgette Ann Foord, Case No. 2018-1622 COMPLAINANT, Docket No. 2018A-1622-CHC-ROC v. Modern Builders LLC , FINAL ADMINISTRATIVE DECISION License No. 286742, 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

it.

The administrative law judge determined that Respondent violated A.R.S. § 32-1154(A)(3) and

(22). ALJ Dec. 7:19-21. The administrative law judge determined that the appropriate discipline would

be for Respondent’s license to be suspended for fourteen days or for Respondent to pay a contractor to

repair the tile. ALJ Dec. 8:20-23, 8:28-29 through 9:1-2. Additionally, Respondent was ordered to pay

a $500.00 civil penalty. ALJ Dec. 9:2-4.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Because the Recommended Order is unclear and recommends either suspension or payment by

Respondent for repairs, the Registrar elects to modify the Administrative Law Judge Decision. The

Registrar modifies the Decision to a finite suspension and imposition of a civil penalty.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision by:

• Striking the sentence on pg. 8, lines 20-23, Beginning with “Consequently”.

• Replacing the Recommended Order on pg. 8, lines 28-29 through pg. 9, lines 1-2 with the

following:

o “IT IS RECOMMENDED THAT on the effective date of the Final Order in this

matter, Respondent Modern Builders LLC’s License No. 286742 is suspended for

14 days.”

• IT IS FURTHER ORDERED that if Respondent fails to pay the entire amount of the civil

penalty on or before thirty days following the effective date of the Registrar’s Final Order,

the Registrar revoke Respondent’s license, effective on such deadline date. No future

license shall be issued to any entity consisting of persons associated with Respondent, as

defined in A.R.S. § 32-1101(A)(5), unless Respondent pays any outstanding civil penalty.

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 November 21, 2018.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Dated this 12th day of October 2018.

Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 12th day of October 2018 to: Respondent Modern Builders LLC 1110 N 24th Pl Phoenix, AZ 85008 Modern Builders LLC 1607 W Dell Cir Mesa, AZ 85201-4524 Complainant Bridgette Ann Foord 917 E Berridge Ln Phoenix, AZ 85014

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 Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Case No. 2018-1622 / mm

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