FINACT2018A-84-CHC-ROC.pdf

2018A-84-CHC-ROC · Registrar of Contractors · 2018-06-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Gerald George Salitros, Case No. 2018-84 COMPLAINANT,

Cal-Pro Roofing LLC, License No. 306666, Docket No. 2018A-84-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 that decision and hereby modifies it. The administrative law judge determined that “…Complainant has established by a preponderance of the evidence, that Cal-Pro did not perform work in a professional and workmanlike manner in violation of A.A.C. R4-9-108, and thereby of A.R.S. § 32-1154(A)(3).” ALJ Dec. 7:15-17. The administrative law judge further determined that “The Respondent has admitted on the record that it did not comply with the CWO. By a preponderance of the evidence it has been established that Cal-Pro violated A.R.S. § 32-1154(A)(22).” ALJ Dec. 7:18-20. But after weighing several mitigating factors, the administrative law judge recommended Respondent be given the opportunity to avoid suspension by “being given the opportunity to correct the items listed in ¶5 of the Conclusions of Law” or entering into

1 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 “a mutually acceptable arrangement with Complainant”. See generally ALJ Dec. pg. 8, para. 11. Despite finding that Cal-Pro violated both A.R.S. § 32-1154(A)(3) and A.R.S. § 32-1154(A)(22), the administrative law judge ultimately recommend that Cal-Pro’s license be conditionally suspended and advised Cal-Pro of options to “avoid suspension”. See generally ALJ Dec. pg. 8, Recommended Order. Title 32, Chapter 10 of the Arizona Revised Statutes does not entitle Cal-Pro with an additional opportunity to correct poor workmanship after 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 Cal-Pro were permitted to perform corrective work now, it would not cure the underlying violation of

A.R.S. § 32-1154(A)(22). Cal-Pro’s appropriate remedy was to correct the workmanship issues prior to

the expiration of the written directive.

The Registrar has determined a finite suspension is the appropriate disciplinary action. The

Registrar considered both aggravating and mitigating factors and determined a one day suspension should

be imposed. The Registrar hereby modifies the Administrative Law Judge Decision, so that on the

effective date of this order Cal-Pro Roofing LLC’s license number 306666 is suspended for one day.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision by:

• Striking paragraph 11 on page 8.

• Replacing the Recommended Order on pg. 8 with the following: o “IT IS RECOMMENDED THAT on the effective date of the Final Order in this matter, Respondent Cal-Pro Roofing LLC’s License No. 306666 is suspended for one day.” 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 $250.00 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 of any outstanding prior 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 FINAL NOTE On page 1, line 24 replace “2017” with “2018”. The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which becomes effective on July 23, 2018.

Dated this 13th 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 13th day of June 2018 to: Respondent Cal-Pro Roofing LLC 22350 N 20th Ave Phoenix, AZ 85027-2043 Complainant Gerald George Salitros 13328 W Beardsley Rd Sun City West, AZ 85375-4110 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

3 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Copy sent electronically this same date to: Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2018-84/mm