FINACT2018A-2354-NPC-ROC.pdf

2018A-2354-NPC-ROC · Registrar of Contractors · 2018-08-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

J L Automation, LLC, Case No. 2018-2354 COMPLAINANT,

v.

Amalfi Development, LLC, DBA: Wood Building and Development, License Nos. 202049, 226985 Docket No. 2018A-2354-NPC-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.

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.

MODIFICATION AND WRITTEN JUSTIFICATION

The administrative law judge concluded that Respondent violated A.R.S. § 32-1154(A)(10) by

failing to pay Complainant monies owed, when due. ALJ Dec. 3:24-27. The administrative law judge

recommended that thirty days after the effective date of the final order, Respondent’s licenses be suspended for 1 day, unless Respondent has provided proof to the Registrar that it has paid Complainant $3,872.40. ALJ Dec. 4:6-12. The Registrar considers finite suspensions insufficient to remedy violations of A.R.S. § 32-1154(A)(10). Therefore, the Registrar modifies the recommendation to a provisional suspension. Respondent’s licenses will be suspended until it provides sufficient proof to the Registrar that it has paid Complainant $3,872.40.

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

CONCLUSION AND ORDER The Registrar hereby modifies the Recommended Order of the Administrative Law Judge Decision by replacing page 4, lines 6 through 12 with “Respondent Amalfi Development LLC DBA: Wood Building and Development’s License numbers 202049 and 226985 shall be suspended until Respondent provides sufficient proof to the Registrar that it has paid Complainant the sum of $3,872.40.”

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

becomes effective on October 9, 2018. FINAL NOTE On page 2, line 1, the Registrar replaces, “June 21, 2018” with “June 26, 2018.” Page, 2, line 20, replace, “December 4, 2004” with December 4, 2006.” 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 Amalfi Development LLC DBA: Wood Building and Development 3428 E Dartmouth St Mesa, AZ 85213-7005 Amalfi Development LLC DBA: Wood Building and Development N Hibbert Mesa, AZ 85201-7421

Complainant J L Automation LLC 4215 E Caroline Ln Gilbert, AZ 85296-7906

And copy electronically mailed this same date to:

Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2018-2354/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