FINACT2018A-2779-NPC-ROC.pdf

2018A-2779-NPC-ROC · Registrar of Contractors · 2018-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cemex Construction Materials South LLC, Case No. 2018-2779 COMPLAINANT, Docket No. 2018A-2779-NPC-ROC v. Professional Carpentry Inc., FINAL ADMINISTRATIVE DECISION DBA: Armstrong Custom Homes AND ORDER License No. 191668, 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 found that Professional Carpentry Inc. DBA: Armstrong Custom

Homes (“Professional Carpentry”) violated A.R.S. § 32-1154(A)(10) by failing to pay monies in excess

of $750 when due for construction materials or services. ALJ Dec. 4:14-15. After finding a violation, the

administrative law judge recommended that Professional Carpentry’s license be revoked if it fails to

repay Complainant, Cemex Construction Materials South, LLC (“Cemex”), by the effective date of the

Registrar’s Final Order. ALJ Dec. 4:17-21. For the following reasons, the Registrar modifies the

Administrative Law Judge Decision.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 The Registrar considers revocation to be an ineffective remedy to a violation of A.R.S. § 32-

1154(A)(10) in this instance because revocation does not provide an incentive for Professional Carpentry

to pay the debt owed to Cemex. Rather, the appropriate remedy is a provisional suspension.

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license was revoked has been fully satisfied.”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 Professional Carpentry’s license is revoked, there is

little incentive to repay Cemex. Professional Carpentry would be statutorily prohibited from obtaining a

license for at least one year. However, under a provisional suspension, although Professional Carpentry

would be unable to contract under a suspended license, the possibility of remedying the violation would

remain.

The Register further notes that Respondent’s License No. 191668 was issued on February 16, 2004

and has never before been disciplined.

Therefore, the Registrar modifies the Decision to a provisional suspension ordering the suspension

of Professional Carpentry’s license until it provides proof to the Registrar that it has paid Cemex

$10,009.86.

CONCLUSION

The Registrar modifies the Administrative Law Judge Decision as follows:

• The Registrar replaces Lines 17-21 on page 4 of the Administrative Law Judge Decision

with “IT IS RECOMMENDED that on the effective date of the Final Order in this matter,

Professional Carpentry’s License No. 191668 is suspended unless and until the Registrar

receives and accepts written verification that Professional Carpentry has paid $10,009.86,

in certified funds, to Cemex.”

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

becomes effective on December 10, 2018.

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

On page 1, line 25 replace “September 17” with “September 27.” On page 2, line 7 strike “if.” On

page 2, line 8 replace “C. Blackshear’s” with “Professional Carpentry Inc. DBA: Armstrong Custom

Home’s.”

Dated October 31, 2018.

Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail on October 31, 2018 to: Respondent Professional Carpentry Inc. DBA: Armstrong Custom Homes PO Box 69294 Tucson, AZ 85737 Professional Carpentry Inc. 931 W San Martin Dr Tucson, AZ 85704-4422 Respondent’s Attorney Eric J. Thomae, Esq. 6760 N Oracle Rd Ste 130 Tucson, AZ 85704 Complainant Cemex Construction Materials South LLC 5555 E Van Buren St Ste 155 Phoenix, AZ 85008 AND copy electronically mailed on the same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Case No. 2018-2779 / mm

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