FINACT2018A-59-CHC-ROC.pdf

2018A-59-CHC-ROC · Registrar of Contractors · 2018-06-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kip Hapner, Case No. 2018-59 COMPLAINANT,

v.

JGL Consulting LLC, License No. 274797, Docket No. 2018A-59-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

The administrative law judge found that Respondent filed an answer to the citation. ALJ Dec. 4:4-5.

But the administrative law judge also found that Respondent “defaulted” when it failed to appear at the

administrative hearing. ALJ Dec. 4:20-22. The Registrar modifies the Administrative Law Judge Decision

to remove reference to Respondent’s “default”. The term “default” is reserved for instances where a

respondent fails to timely answer a citation, which the Registrar has established did not occur in this case.

CONCLUSION AND ORDER The Registrar hereby modifies the Administrative Law Judge Decision by striking lines 20 through 22 on page 4. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on July 16, 2018.

1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762

FINAL NOTE On page 1, line 25 replace “17” with “20”. On page 4, line 23 replace “A.R.S. 32-1154 (A)(23)” with “A.R.S. § 32-1154 (A)(22)”. On page 5, lines 5 and 14 replace “A.R.S. § 32-1154(D)” with “A.R.S. § 32-1154(E)”. On page 5, line 7 replace “A.R.S. § 32-1154(A)(23)” with “A.R.S. § 32-1154(A)(22)”. On page 5, lines 9 and 10 replace “thirty days after the effective date” with “on the effective date”. On page 5, line 16 the Registrar inserts:

• “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 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 of any outstanding civil

penalty.”

Dated this 6th 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 6th day of June 2018 to: Respondent JGL Consulting LLC 16165 N 83rd Ave Ste 200 Peoria, AZ 85382-5816

Complainant Kip Hapner 4427 W Kaler Cir Glendale, AZ 85301-1637 Copy sent electronically this same date to:

Respondent 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. 2018-59/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