ALJDEC decisions subject to certification as final

2019A-03584-CHC-ROC · Registrar of Contractors · 2019-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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. 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 40 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 -----------------------

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