FINACT2019A-03584-CHC-ROC-FinalAgencyAction-6651.pdf

2019A-03584-CHC-ROC · Registrar of Contractors · 2019-11-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Odette Marie Morrison, Case No. 2019-03584

COMPLAINANT, Docket No. 2019A-03584-CHC-ROC

v. FINAL ADMINISTRATIVE DECISION AND Scott Plumbing LLC, ORDER License No. ROC 159254, 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 ACCEPTANCE 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 accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on January 5, 2020.

Dated November 26, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail November 26, 2019 to:

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 Respondent Scott Plumbing LLC 1150 Church St Bullhead City, AZ 86442 1142 Church Sr Bullhead City, AZ 86442

Complainant Odette Marie Morrison 636 Ramar Rd Bullhead City, AZ 86442 Copy sent electronically this same date to: Office of Administrative Hearings Tammy Eigenheer, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-03584 / VE

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 RECEIVED 11.15.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Odette Marie Morrison, No. 2019A-03584-CHC-ROC COMPLAINANT v. ADMINISTRATIVE LAW Scott Plumbing LLC, JUDGE DECISION ROC License: ROC 159254, RESPONDENT

FINDINGS OF FACT On or about October 31, 2019, the Office of Administrative Hearings (OAH) received a filing from Cynthia Sawinski, member of Respondent Scott Plumbing LLC, stating as follows: Scott Plumbing pleads no contest to case #2019-03584. This problem was attempted to be corrected by an employee that we once had. Unfortunately, it was still not done to code. Since my husband has passed (Feb. 2019) Scott Plumbing has been closed. I realize we are still responsible for this problem. I do not have the finances to remedy this problem. Hopefully the recovery fund will be available. Thank you, Cynthia Sawinski. Further communications from the assigned investigator to the parties and forwarded to OAH referenced the possibility of the Arizona Registrar of Contractors’ Legal Department sending a document to the parties to resolve the matter prior to a hearing in light of Ms. Sawinski’s admission. To date, nothing of that nature has been provided to OAH. CONCLUSIONS OF LAW Respondent, through Ms. Sawinski’s statement to OAH, admitted to the violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108, and A.R.S. § 32- 1154(A)(22), as set forth in the Citation and Notice of Hearing. Therefore, the evidence is sufficient, absent a hearing, to find Respondent committed those violations. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke Respondent’s License No. 159254.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 11.15.2019 ROC LEGAL

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be days from the date of that certification.

Done this day, November 14, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors