Order Holding Record Open

2020A-00570-LDA-ROC · Registrar of Contractors · 2020-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors,

COMPLAINANT

NB Custom Metal Works LLC,

Nicholas Armond Bocchicchio,

Application No. 00919027,

RESPONDENT.

No. 2020A-00570-LDA-ROC

ORDER HOLDING RECORD OPEN

A hearing on the merits was held on this date of NB Custom Metal Works LLC’s (“Respondent’s”) appeal of the Arizona Registrar of Contractors’ (“the Registrar’s”) denial of Respondent’s application for a contractor’s license. The Registrar presented evidence that Respondent’s qualifying party/managing member, Nicholas Armond Bocchicchio, had been listed on a license against which the Registrar had imposed a $500.00 civil penalty and which was responsible for a $2,695.92 payout from the Registrar’s Residential Contractors’ Recovery Fund (“the Fund”). Mr. Bocchicchio did not dispute that neither the civil penalty nor the payout from the Fund, plus 10% interest, had been paid. The Administrative Law Judge noted that, that under the circumstances, A.R.S. §§ 32-1154(E) and 32-1139(B) both required the Registrar to deny the license application.

In light of the lack of discretion afforded the Registrar to do anything but deny the license application until the amounts civil penalty and Fund payout were repaid according to statutes, Mr. Bocchicchio asked to withdraw Respondent’s license application and the Registrar’s party representative/witness, Assistant Chief Counsel Chance Peterson, agreed to accept Respondent’s withdrawal if Mr. Bocchicchio submitted a written request via email within a week. Therefore,

IT IS ORDERED holding the record open in this matter until March 27, 2020, at 5:00 p.m. If the Office of Administrative Hearings does not receive an electronic copy of Mr. Bocchicchio’s email to Mr. Peterson requesting to withdraw Respondent’s license application, the Administrative Law Judge will issue a recommended decision on the merits of Respondent’s appeal.

Done this day, March 20, 2020.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile March 20, 2020 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

Nicholas A. Bocchicchio

NB Custom Metal Works LLC

18208 W. Freemont Ave.

Goodyear, AZ 85338

[email redacted]

Elizabeth A. Campbell, Esq.

Office of the Attorney General

Licensing & Enforcement Section

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]