FINACT2018A-516-CHC-ROC.pdf

2018A-516-CHC-ROC · Registrar of Contractors · 2018-11-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

J L Bates LLC, Case No. 2018-516 COMPLAINANT, Docket No. 2018A-516-CHC-ROC v. Bratton Construction LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 298187, 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 determined that “…Complainant established cause for the Registrar

to discipline Respondent’s contractor’s license under Ariz. Rev. Stat. §§ 32-1154(A)(1), 32-1154(A)(3),

32-1154(A)(12), 32-1154(A)(22), 32-1158(A), and Ariz. Admin. Code R4-9-108.” ALJ Dec. 11:4-7.

However, after considering the facts of the matter, the administrative law judge offered two means

for Respondent to “avoid suspension”, if credible proof of one of the following is submitted to the

Registrar. First, Respondent may remedy the violation in the Directive. Second, Respondent and

Complainant may enter into a “signed mutually acceptable arrangement”. See generally ALJ Dec. at 11.

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Despite finding that Bratton Construction LLC (“Bratton”) violated Ariz. Rev. Stat. §§ 32-

1154(A)(1), 32 32-1154(A)(3), 32-1154(A)(12), 32-1154(A)(22), 32-1158(A), and Ariz. Admin. Code

R4-9-108, the administrative law judge ultimately recommended that Bratton be able to avoid

suspension. Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Bratton to an additional

opportunity to correct poor workmanship after the issuance of a citation. Indeed, it is a violation of

A.R.S. § 32-1154(A)(22) to fail to take corrective action to comply with a written directive within the

time permitted. Even if Bratton were permitted to perform corrective work now, it would not cure the

underlying violation of A.R.S. § 32-1154(A)(22). Bratton’s appropriate remedy was to complete the

project prior to the expiration of the written directive.

The administrative law judge found that a three day suspension and $200.00 civil penalty was the

appropriate disciplinary action. See generally ALJ Dec. at 11. The Registrar hereby modifies the

Administrative Law Judge Decision to remove the methods of avoiding suspension so that on the

effective date of this order Bratton’s license number 298187 is suspended for three days.

Further, the administrative law judge found that Bratton violated A.R.S. § 32-1154(A)(3) and Ariz.

Admin. Code R4-9-108. ALJ Dec. 11:4-7. The Registrar’s March 29, 2018 Citation only found that

Bratton may have violated A.R.S. § 32-1154(A)(1), A.R.S. § 32-1154(A)(12) namely A.R.S. § 32-

1158(A) and A.R.S. § 32-1154(A)(22). The Registrar hereby modifies the Administrative Law Judge

Decision to strike all mentions of the Registrar citing and/or Bratton violating A.R.S. § 32-1154(A)(3)

and Ariz. Admin. Code R4-9-108.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision by:

• Striking “32-1154(A)(3)” on page 4, line 5.

• Striking “Ariz. Admin. Code R4-9-108” on page 4, line 6.

• Striking paragraph 5 on page 9.

• Striking paragraph 9 on page 10.

• Striking “32-1154(A)(3)” on page 10, line 24.

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 • Striking paragraph 15 on page 11.

• Striking “32-1154(A)(3)” and “Ariz. Admin. Code R4-9-108” on page 11, lines 5-7.

• Replacing the Recommended Order on page 11 with the following:

o “IT IS RECOMMENDED THAT on the effective date of the Final Order in this

matter, Respondent Bratton Construction LLC’s License No. 298187 for three

days.”

o “IT IS FURTHER RECOMMENDED that pursuant to A.R.S. § 32-1154(E) ,

Respondent must pay to the Registrar of Contractors, a civil penalty of $200.00

in certified funds on or before 30 days from the effective date of this Order.”

o “IT IS FURTHER RECOMMENDED that if Respondent fails to pay the entire

amount of the civil penalty on or before thirty days following the effective date

of the Registrar’s Final Order, the Registrar revoke Respondent’s license,

effective on such deadline date. No future license shall be issued to any entity

consisting of persons associated with Respondent, as defined in A.R.S. § 32-

1101(A)(5), unless Respondent tenders payment on any outstanding civil penalty.

Payment may be hand-delivered to the Registrar’s physical address or mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748 The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on December 25, 2018.

Dated November 15, 2018. Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal and Recovery Fund

of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Copy mailed via USPS First Class mail November 15, 2018 to: Respondent Bratton Construction LLC 8402 E San Miguel Ave Scottsdale, AZ 85250 Complainant J L Bates LLC 3080 Troy Pike Versailles, KY 40383-8903 Complainant’s Attorney Paul M. Levine, Esq. McCarthy Holthus Levine 8502 E Via De Ventura Ste 200 Scottsdale, AZ 85258-3240

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 Complainant’s Attorney at email address of record with Registrar

Office of Administrative Hearings Jenna Clark, Administrative Law Judge Case No. 2018-516 / MM

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