FINACT2019A-00962-NPC-ROC.pdf

2019A-00962-NPC-ROC · Registrar of Contractors · 2019-07-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

McCardell Industries LLC, Case No. 2019-00962 COMPLAINANT, Docket No. 2019A-00962-NPC-ROC v. Dublin Construction Services LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 281541, 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. 281541 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 5:15-23. 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 5:24-6:3.

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

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

submits to the Registrar proof that it has paid Complainant $9,005.00.

of 2 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:

 Delete the paragraph on page 5, line 24 to page 6, line 3.

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

becomes effective on August 12, 2019.

FINAL NOTES

Replace all instances of “A.R.S. § 32-1154(A)(11)” with “A.R.S. § 32-1154(A)(10).” Page 1, line

20, replace “November 9, 2010” with “November 19, 2012.” Page 2, line 14, replace “Five Thousand”

with “Nine Thousand.”

Dated July 3, 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 July 3, 2019 to: Respondent Dublin Construction Services LLC 460 E Williams Field Rd Gilbert, AZ 85295

Complainant McCardell Industries LLC Patterson Paving 4340 E Indian School Rd Ste 21-557 Phoenix, AZ 85018 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

Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge

Case No. 2019-00962 / fh

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762