FINACT2018A-1705-CHC-ROC.pdf

2018A-1705-CHC-ROC · Registrar of Contractors · 2018-08-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

ABC Supply Co Inc, Case No. 2018-1705 COMPLAINANT,

v.

C C A T Stucco Specialists LLC, License No. 230763, Docket No. 2018A-1705-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 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 Decision concluded that Respondent violated A.R.S. § 32-1154(A)

(10) by failing to pay Complainant monies owed, when due. ALJ Dec. 4:12-13. The administrative law

judge recommended that Respondent’s license be revoked unless ROC receives and accepts written verification that Respondent has paid Complainant $5,186.90 in certified funds. ALJ Dec. 4:19-22. The Registrar considers revocation to be an ineffective remedy to violations of A.R.S. § 32-1154(A)(10). Therefore, the Registrar modifies the recommendation to a provisional suspension. The Registrar modifies the recommendation to suspend Respondent’s license until it provides sufficient proof to the Registrar that it has paid Complainant $5,186.90.

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762

CONCLUSION The Registrar hereby modifies the Recommended Order of the administrative law judge by replacing page 5, lines 19 through 22 with “IT IS RECOMMENDED that on the effective date of the final order in this matter, Respondent’s Contractor’s License No. 230763 shall be suspended until Respondent provides sufficient proof that it has paid Complainant the sum of $5,186.90.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on October 9, 2018.

Dated this 30th 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 30th day of August 2018 to:

Respondent C C A T Stucco Specialists, LLC. 414 W. Chilton St. Chandler, AZ 85225-7127 Complainant ABC Supply Co., Inc. Abc Pkwy. Beloit, WI 53511-4466

Complainant’s Attorney Edward J. Marko, Esq. MARKO LAW PLLC 14820 N. Cave Creek Rd., Ste. 6 Phoenix, AZ 85032-4951

Case No. 2018-1705/jo