FINACT2020A-01948-ROC.pdf

2020A-01948-OMC-ROC · Registrar of Contractors · 2020-06-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Arizona Registrar of Contractors, Case No. 2020-01948 COMPLAINANT, Docket No. 2020A-01948-ROC v. Precision Remodeling and Designs LLC FINAL ADMINISTRATIVE License No. ROC 324506, DECISION 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 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 July 1, 2020. FINAL NOTE While the Registrar accepts the decision, the Registrar must clarify which consolidated complaints were actually at issue and decided in this case. In addition to the Order and Notice referenced in the Administrative Law Judge Decision, the Registrar also issued and provided Respondent a Supplemental Notice and Second Order Consolidating Cases, and

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 Second Supplemental Notice and Third Order Consolidating Cases. Together these documents consolidated six complaints into Case No. 2020-01948, detailed specific factual allegations for the consolidated complaints, and alleged violations of A.R.S. § 32-1154. The consolidated complaints at issue in the hearing are: 2020-01649, 2020-01772, 2020-01884, 2020-01906, 2020-01963, and 2020-02086. Respondent admitted to the factual allegations and alleged statutory violations for those consolidated complaints. While Respondent admitted to allegations referencing other complaints received by the Registrar, those other complaints were not consolidated into Case No. 2020-01948, and have not been finally adjudicated by this Final Administrative Decision. Dated May 22, 2020. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 22, 2020 to: Respondent Precision Remodeling And Designs LLC 20434 N 21st Ave Phoenix, AZ 85027 Copy sent electronically this same date to: Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Antara Nath Rivera, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2020-01948 / KN

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 5.12.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors, No. 2020A-01948-OMC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE DECISION Precision Remodeling and Designs LLC License No. 324506, RESPONDENT

HEARING: May 11, 2020. APPEARANCES: Assistant Attorney General John Tellier appeared telephonically and represented the Arizona Registrar of Contractors. Allison Abbruzzio appeared telephonically and represented Precision Remodeling and Designs LLC, Respondent. ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera _____________________________________________________________________ PROCEDURAL BACKGROUND Pending before the Office of Administrative Hearings is the Arizona Registrar of Contractors’ (Registrar) Order of Summary Suspension, Order Consolidating Cases, and Notice of Promptly Instituted Proceeding (Order and Notice) against Precision Remodeling and Designs, LLC’s (Respondent) License No. 324506. Respondent’s license was the subject of numerous complaints filed with the Registrar in violation of Arizona Revised Statutes (A.R.S.) Title 32, Chapter 10, namely abandonment, poor workmanship, failure to obtain permits, and failure to provide a contract that complies with A.R.S. § 32-1158. On or about May 1, 2020, the Registrar filed its Request for a Summary Suspension Hearing (Request). An expedited hearing was set for May 11, 2020, at the Office of Administrative Hearings (OAH). HEARING EVIDENCE At the time of the hearing, Ms. Abbruzzio acknowledged that she was the responsible party for Respondent’s license. She admitted that all allegations set forth in the Order and Notice were valid and that the complaints filed were valid. Ms. Abbruzzio acknowledged that enforcement of action by the Registrar was proper. RECEIVED 5.12.2020 ROC LEGAL

Based on Ms. Abbruzzio’s admission to the allegations and the admission of the Registrar’s exhibits 1-60, the Administrative Law Judge (ALJ) adopts the Registrar’s allegations and makes a judgment as a matter of law that Respondent violated A.R.S. Title 32, Chapter 10. The Registrar established a basis to revoke Respondent’s License No. 324506. RECOMMENDED ORDER In view of the foregoing, IT IS ORDERED that the Registrar summarily suspend Respondent’s License No. 324506. IT IS FURTHER ORDERED that Respondent’s License No. 324506 be revoked. 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 Decision will be 40 days from the date of that certification. Done this day, May 12, 2020.

/s/ Antara Nath Rivera Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors