FINACT2019A-01511-CHC-ROC.pdf

2019A-01511-CHC-ROC · Registrar of Contractors · 2019-10-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

LaVerne Theis, Case No. 2019-01511

COMPLAINANT, Docket No. 2019A-01511-CHC-ROC v.

Sun N Fun Construction LLC, FINAL ADMINISTRATIVE DECISION AND License No. ROC 280824, 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 of each finding of

fact or conclusion of law.

REGISTRAR’S 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 modifies it as set forth

below.

The administrative law judge noted that “there have been thirteen prior complaints filed against

Respondents license, four of which resulted in disciplinary action against Respondent’s license,” citing to the

Registrar’s electronic file at pages 50-53. ALJ Dec. 2:3-4, n.5. This is incorrect. According to the Registrar’s

electronic file, pages 50-53, there have been seven prior complaints filed against Respondent’s license, three of

which resulted in disciplinary action. The Registrar therefore modifies the Administrative Law Judge Decision

to accurately reflect Respondent’s license history as shown in the Registrar’s electronic file.

CONCLUSION AND ORDER

The Registrar modifies the Administrative Law Judge Decision as follows:

• On page 2, line 3, replace “thirteen” with “seven,” and replace “four” with “three.”

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 The Registrar accepts the remainder of the Administrative Law Judge Decision, which becomes effective on November 13, 2019. FINAL NOTES On page 1, line 23, replace “September 17, 2017” with “September 17, 2012.” On page 2, line 12 replace “July 11, 2018” with “February 16, 2019.” On page 5, line 1, replace “A.R.S. § 32-1154(A)(22)” with “A.R.S. § 32-1154(A)(2).”

Dated October 4, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal and Recovery Fund Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 4, 2019 to: Respondent Sun N Fun Construction LLC 6500 N White Deer Ln Tucson, AZ 85743 Complainant LaVerne Theis 264 N Camino Del Vate Green Valley, AZ 85614

Copy sent electronically this same date to:

Office of Administrative Hearings Jenna Clark, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-01511 / DE

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19