FINACT2018A-900-CHC-ROC.pdf

2018A-900-CHC-ROC · Registrar of Contractors · 2018-08-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Gregory John Chapman, Case No. 2018-900 COMPLAINANT,

v.

A and W Remodeling, LLC, License No. 211961, Docket No. 2018A-900-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 modifies it.

The administrative law judge determined that “Respondent did not violate A.R.S § 32-1154(A)(3)

because Respondent was not afforded a reasonable opportunity to remedy the violations identified in the

Directive. Respondents should be afforded a reasonable opportunity to cure an infraction before

discipline will be imposed. Denial of access is a valid justification for failing to comply with the Directive….” See ALJ Dec. 6:3-12. The administrative law judge further determined that “Complainant has failed to meet its burden of proof...to establish that Respondent violated A.R.S. § 32-1154(A)(22).” See ALJ Dec. 6:15-16. The administrative law judge assessed a civil penalty against Respondent. The Registrar may impose a civil penalty on a Contractor if it is found to be in violation of A.R.S. § 32-1154(A)(22) under

1 of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 A.R.S. § 32-1154(E). However, Respondent was not found to be in violation of A.R.S. § 32-1154(A)(22). See ALJ Dec. 6:15-16. Therefore, the Registrar modifies the recommended order to strike the assessment of a civil penalty and also dismisses the complaint on the grounds that Respondent did not violate either A.R.S. § 32-1154(A)(3) or (22). CONCLUSION AND ORDER The Registrar hereby modifies the Recommended Order of the Administrative Law Judge Decision by replacing the Recommended Order, lines 18-27 on page 6 with “IT IS ORDERED dismissing the complaint on the effective date of this Order.

The Registrar hereby accepts the remainder of the Administrative Law Judge Decision, which

becomes effective on September 25, 2018.

Dated this 16th 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 and via electronic mail this 16th day of August 2018 to:

Respondent A and W Remodeling LLC 42011 N 7th St Desert Hills, AZ 85086-7325 Complainant Gregory John Chapman 5257 N Woodmere Fairway Scottsdale, AZ 85250-6455

Copy sent electronically this same date to:

Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2018-900/an