FINACT2018A-267-NPC-ROC.pdf
2018A-267-NPC-ROC · Registrar of Contractors · 2018-05-15
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Advantage Home Performance Inc., Case No. 2018-267 COMPLAINANT,
v.
High Valley Builders LLC, License No. 203519, 255780 Docket No. 2018A-267-NPC-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
The administrative law judge found that High Valley Builders LLC violated A.R.S. § 32-1154(A)
(10) by failing to pay monies in excess of $750 when due for construction materials or services. See ALJ
Dec. 4:1-14. After finding a violation, the administrative law judge recommended that High Valley
Builders LLC’s licenses be revoked if it fails to repay Advantage Home Performance Inc. by the effective
date of the Registrar’s Final Order. ALJ Dec. 4:16-19. For the following reasons, the Registrar modifies
the Administrative Law Judge Decision.
Here, the administrative law judge recommends revocation as the appropriate remedy if High
Valley Builders LLC fails to repay Advantage Home Performance Inc. However, in this instance,
revocation would not serve the best interests of Advantage Home Performance Inc. Rather, the
appropriate remedy is a provisional suspension.
1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Under A.R.S. § 32-1161(C), “After revocation of a license upon any grounds set forth in section 32-1154, the license shall not be renewed or reissued for one year after the final determination of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied.” If High Valley Builders LLC’s licenses are revoked, there is little incentive to repay Advantage Home Performance Inc. High Valley Builders LLC would be statutorily prohibited from obtaining a license for at least one year. However, under a provisional suspension, although High Valley Builders LLC would be unable to contract under a suspended license, the possibility of remedying the violation would remain.
The purpose of filing a complaint for a violation of A.R.S. § 32-1154(A)(10) is to facilitate the
payment of outstanding debts owed by a licensed contractor. In a case such as this, revocation frustrates
that purpose. For this reason, the Registrar modifies the Administrative Law Judge Decision as follows:
• The Registrar strikes Lines 16-19 on page 4 of the Administrative Law Judge
Decision and replaces with “IT IS RECOMMENDED that on the effective date
of the Final Order in this matter, High Valley Builders LLC’s license numbers
203519 and 255780 are suspended unless and until the ROC receives and accepts
written verification that High Valley Builders LLC has paid to Advantage Home
Performance Inc. $2,158 in certified funds.”
The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on June 20, 2018.
Dated this 11th day of May 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund
Copy mailed via USPS First Class mail this 11th day of May 2018 to: Respondent High Valley Builders LLC 420 Canyon Springs Rd Prescott, AZ 86303-4118
Complainant Advantage Home Performance Inc. 1021 Commerce Dr Ste A Prescott, AZ 86305-6744 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Copy sent electronically this same date to: Office of Administrative Hearings Thomas Shedden, Administrative Law Judge Case No. 2018-267/mm
3 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762