FINACT2018A-415-NPC-ROC.pdf

2018A-415-NPC-ROC · Registrar of Contractors · 2018-06-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Labor Force, Case No. 2018-415

COMPLAINANT,

v.

Harrison Design Limited Liability Company, Docket No. 2018A-415-NPC-ROC License No. 220403, 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 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 concluded that Respondent violated A.R.S. § 32-1154(A)(10) by

failing to pay Complainant monies owed, when due. ALJ Dec. 5:2-3. The administrative law judge

recommended that Respondent be suspended for 5 business days. ALJ Dec. 5:8-10. The administrative law judge further recommended that thirty calendar days after the effective date of the final order, Respondent’s license be revoked unless Respondent has provided satisfactory written evidence that it has paid Complainant $7,498.57. ALJ Dec. 5:11-15. Because the Administrative Law Judge Decision contradicts itself in that it recommends both suspension and revocation for the same conduct, the Registrar modifies the recommendation to suspend Respondent until it provides sufficient proof that it has

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 paid Complainant $7,498.57. CONCLUSION The Registrar hereby modifies the Recommended Order of the Administrative Law Judge Decision by replacing page 5, lines 8 through 17 with “IT IS RECOMMENDED that on the effective date of the final order in this matter, Respondent’s Contractor’s License No.: 220403 shall be suspended until Respondent provides sufficient proof that it has paid Complainant the sum of $7,498.57.” The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on July 14, 2018.

FINAL NOTE

On page 1 of the Decision, footnote replace, “October 25, 2017” with “February 9, 2018” and

“February 9, 2018” with “January 29, 2018.” On page 3, ¶ 14, replace “May 15, 2013” with “May 12,

2016,” “June 14, 2016 through June 13, 2016” with “June 12, 2014 through June 13, 2014,” and “July 07,

2011” with “July 01, 2011.”

Dated this 4th day of June 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 4th day of June 2018 to: Respondent Harrison Design Limited Liability Company 9251 E Lindner Ave Mesa, AZ 85209-2538

Complainant Arizona Labor Force PO Box 1205 Chandler, AZ 85244-1205 Copy sent electronically this same date to: Office of Administrative Hearings Jenna Clark, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2018-415/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