FINACT2018A-321-NPC-ROC.pdf

2018A-321-NPC-ROC · Registrar of Contractors · 2018-07-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

JP Window and Door, LLC, Case No. 2018-321

COMPLAINANT,

Frameless Glass, LLC, Docket No. 2018A-321-NPC-ROC License No. 283819, 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. MODIFICATION & JUSTIFICATION Here, the administrative law judge found that Ronald Joseph Vucson (“Mr. Vucson”) is the qualifying party on Respondent’s license, and that the “credible evidence establishes that Complainant is owed the sum total of $25,639.94 for services and/or materials provided to Respondent under License No 283819.” See ALJ Dec. 1:22-23 & 5:17-19. The administrative law judge also found that “Regardless of whether Respondent is the current owner of Frameless Glass, LLC or the current holder of License No 283819 the record reflects that, Mr. Vucson committed a violation of A.R.S § 32-1154(A)(10) from October 18, 2017, through January 02, 2018, when he failed to pay for services and/or products rendered by Complainant, per their agreement.” ALJ Dec. 5:22-26. On these findings, the administrative law judge appropriately concluded that “Complainant established cause for the ROC to suspend or revoke Respondent’s contractor’s license under ARIZ. REV. STAT. §§ 32-1154(A)(10). . .”. ALJ Dec. 7:1-2. The administrative law judge then recommended revocation pursuant to A.R.S. § 32-1154(A)(10). ALJ Dec.

1 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7:10-12.

The Registrar agrees with the administrative law judge’s findings and conclusions that Respondent

violated A.R.S. § 32-1154(A)(10) and that Respondent’s license shall be revoked pursuant to A.R.S. § 32-

1154(A)(10). However, the Registrar disagrees with the administrative law judge’s finding and

conclusion that “Respondent’s affirmative defense of assumed liability has merit, as the record reflects

that Vision Glass, LLC is liable for the debt owed to Complainant.” ALJ Dec. 5:19-21. Frameless Glass,

LLC, is the Respondent and Respondent violated A.R.S. § 32-1154(A)(10). ALJ Dec. 1:21-24, 5:22-26

and 7:1-2. Respondent may not escape liability for its violation by selling itself or otherwise transferring

its ownership interests because that is not a defense to a violation of A.R.S. § 32-1154(A)(10). The

violation of A.R.S. § 32-1154(A)(10) stands regardless of who now owns the interests in the Respondent.

Therefore the Registrar disagrees with the administrative law judge’s conclusion that Respondent may not

be held responsible for the debt owed to Complainant by reason of the transference of the ownership

interests. ALJ Dec. 7:6-8.

Therefore, the Registrar strikes the conclusion that Respondent established an affirmative defense

to the violation of A.R.S. § 32-1154(A)(10).

The Registrar further strikes from the Recommended Order the following, “IT IS FURTHER

RECOMMENDED that Ronald Vucson be prohibited from joining license numbers 181559 or 218610 as

a Qualified Party/Member under E Built Contracting, LLC or Vision Glass, LLC” because A.R.S. § 32-

1154(A)(20) already prohibits Mr. Vucson from joining another license while named on a disciplined

license.

CONCLUSION

The Registrar modifies the Administrative Law Judge Decision by: • Striking “However, Respondent’s affirmative defense of assumed liability has merit, as the record reflects that Vision Glass, LLC is liable for the debt owed to Complainant” from paragraph 29, page 5 of the Decision; • Striking paragraph 7 on page 7 of the Decision; and, • Striking “IT IS FURTHER RECOMMENDED that Ronald Vucson be prohibited from joining license numbers 181559 or 218610 as a Qualified Party/Member under E Built Contracting, LLC or Vision Glass, LLC” from page 7 lines 13 through 16 of the Decision. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on August 19, 2018. FINAL NOTE

Page 2, line 5, and page 4, lines 6 and 9 of the Decision replace “Respondent” with “Complainant.”

The Registrar replaces, page 2, ¶ 10, of the Decision with, “Respondent did file a response to the

Registrar’s January 24, 2018 letter on January 30, 2018.”

Dated this 10th day of July 2018.

Registrar of Contractors

/s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund Copy mailed via USPS First Class mail this 10th day of July 2018 to:

Respondent Frameless Glass LLC 13210 W Van Buren St Ste 100 Goodyear, AZ 85338-1164 Complainant JP Window and Door LLC 14251 W Becker Ln Surprise, AZ 85379-4307

Copy sent electronically this same date to:

Office of Administrative Hearings Jenna Clark, Administrative Law Judge

3 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Respondent’s email address on record with the Registrar Complainant’s email address on record with the Registrar Case No. 2018-321/an