FINACT2018A-453-CHC-ROC.pdf
2018A-453-CHC-ROC · Registrar of Contractors · 2018-08-30
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Michael Dean Peacock, Case No. 2018-453 COMPLAINANT,
v.
Holtzman Home Improvement LLC, License No. 242008, 318131, 289443 Docket No. 2018A-453-CHC-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 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 the decision and hereby modifies
it.
In this case, a Citation was issued to Respondent for possible violations of A.R.S. § 32-1154(A)(3)
and (22). Here, the administrative law judge found, “…that Respondent failed to obtain a building permit
prior to commencing work on this project and that Respondent failed to clean up locations of debris and messes at exterior of home does, by a preponderance of the evidence, establish that Respondent did not perform work in a professional and workmanlike manner in violation of A.A.C. R4-1-108, and thereby of A.R.S. § 32-1154(A)(3)”. ALJ 6:23-26 & 7:1-2. However, the administrative law judge did not find cause to suspend or revoke Respondent’s license for the violation of A.R.S. § 32-1154(A)(3). Further, the administrative law judge found, “Complainant failed to meet its burden of proof to
1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 establish by a preponderance of the evidence that Respondent violated A.R.S. § 32-1154(A)(22)”. ALJ 7:12-14. The Administrative Law Judge Decision recommends that Respondent pay the sum of $500.00 by way of civil penalty to the Registrar. Pursuant to A.R.S. § 32-1154(E), the Registrar may impose a civil penalty for violations of A.R.S. § 32-1154(A)(22). The administrative law judge found that Respondent did not violate A.R.S. § 32-1154(A)(22), therefore the Registrar removes the civil penalty assessed in the Recommended Order. Because the administrative law judge did not find cause to suspend or revoke Respondent’s license based on the violations alleged in the Citation, the Registrar modifies the
Administrative Law Judge Decision to recommend the dismissal of this case.
CONCLUSION
The Registrar modifies the Administrative Law Judge Decision by:
• Replacing the Recommended Order on page 7, with “IT IS ORDERED that on the
effective date of the final Order this case be dismissed”.
FINAL NOTE
On page 1, line 24 replace “February 21, 2018” with “January 30, 2018”. On page 3, line 3
replace “four” with “five”. On page 4, line 9 and page 5, line 17 replace “skein” with “SKU”.
The Registrar hereby accepts the remainders of the Administrative Law Judge Decision, which
becomes effective on October 9, 2018.
Dated this 30th day of August 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund
Copy mailed via USPS First Class mail this 30th day of August 2018 to:
Respondent Holtzman Home Improvement LLC 1214 E Kristal Way Phoenix, AZ 85024-2347 Respondent’s Attorney Alicia Casale, Esq. MURPHY KARBER CORDIER PLC 2025 N 3rd St Ste 200 Phoenix, AZ 85004-1488 Complainant Michael Dean Peacock 16241 S 40th Way Phoenix, AZ 85048-8862 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s counsel 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 Randolph D. Wolfson, Administrative Law Judge
Case No. 2018-453/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