FINACT2019A-00505-ROC.pdf

2019A-00505-ROC · Registrar of Contractors · 2019-07-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ralph Wilkens Company Inc., Case No. 2019-00505 COMPLAINANT, Docket No. 2019A-00505-NPC-ROC v. MIO Specialty Contractors LLC., FINAL ADMINISTRATIVE DECISION License No. ROC 315229, 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

the Recommended Order as set forth below.

In the Recommended Order, the administrative law judge recommended that Respondent’s

License No. 315229 be suspended on the effective date of the final order unless, prior to that date,

Respondent submits proof of payment of the monies owed to Complainant. ALJ Dec. at 5:18-25. The

decision further recommends that, if Respondent fails to submit proof of payment by the effective date of

the order, that Respondent’s license be revoked. ALJ Dec. at 6:1-5.

The Registrar hereby modifies the Administrative Law Judge Decision to clarify that Respondent’s

license shall be revoked on the effective date of the final order unless, prior to that date, Respondent

submits to the Registrar proof that it has paid Complainant $5,900.00.

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

The Registrar hereby modifies the Administrative Law Judge Decision by:

x On page 5, line 19, replace “suspend” with “revoke”;

x On page 5, line 24, replace “suspend” with “revoke”;

x Delete the first paragraph on page 6.

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

becomes effective on August 7, 2019.

FINAL NOTE

On page 1, line 20, replace “residential” with “commercial. One page 1, line 25, delete “General

Residential.” Throughout, replace “A.R.S. §32-1154(A)(11)” with “A.R.S. §32-1154(A)(10).”

Dated June 28, 2019. Registrar of Contractors /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Copy mailed via USPS First Class mail June 28, 2019 to: Respondent MIO Specialty Contractors LLC 3217 E Shea Blvd Ste 211 Phoenix, AZ 85028 Complainant Ralph Wilkens Company Inc 2836 W Weldon Ave Phoenix, AZ 85017

Edward J Marko Esq Marko Law PLLC 4820 N. Cave Creek Rd. Ste. 6 Phoenix, AZ 85032-4951 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Complainant at email address on record with the Registrar Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge Case No. 2019-00505 / fh

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