FINACT2018A-4070-CHC-ROC.pdf

2018A-4070-ROC · Registrar of Contractors · 2019-06-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Andy and La Vern Holthe, Case No. 2018-4070 COMPLAINANT, Docket No. 2018A-4070-CHC-ROC v. Rex Alan Wolterman, FINAL ADMINISTRATIVE DECISION DBA: Rexon Pools and Spas, AND ORDER License No. ROC 103029, 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. MODIFICATION AND WRITTEN JUSTIFICATION The Administrative Law Judge recommended that, License No. ROC 103029 of Respondent Rex Alan Wolterman DBA: Rexon Pools and Spas be suspended for a period of thirty (30) calendar days. Respondent notified OAH and the Registrar that he would not be attending the hearing on April 19, 2019, because he had relocated out of the area. Due to Respondent’s failure to appear at the hearing, present evidence to defend his license, and notice of relocation out of the area; the Registrar has determined revocation of Respondent Rex Alan Wolterman DBA: Rexxon Pools and Spas License No. 103029 is appropriate in this matter. CONCLUSION AND ORDER The Registrar hereby modifies the Administrative Law Judge Decision by: • Replacing the Recommended Order on page 8, line 11, with the following:

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762  IT IS ORDERED that on the effective date of the final Order in this

matter, Respondent Rex Alan Wolternam DBA: Rexon Pools and Spas

License No. 103029 shall be revoked.

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

becomes effective on July 23, 2019.

Dated June 13, 2019. Registrar of Contractors /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail June 13, 2019 to: Respondent Rex Alan Wolterman DBA: Rexon Pools and Spas 1990 McCulloch Blvd N # 371 Lake Havasu City, AZ 86403

Complainant Andy Holthe 2931 Indian Land Dr Lake Havasu City, AZ 86406

AND copy electronically mailed this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Office of Administrative Hearings Diane Mihalsky, Administrative Law Judge Case No. 2018-4070 / FH

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