In A.R.S. § 32-1155(A), there is a statutory phrase that gives the Registar a lot of power. That phrase is “sole discretion.”
Here is the statutory text:
On the filing of a written complaint with the registrar charging a licensee with the commission of an act that is cause for suspension or revocation of a license, including an act that is in violation of title 44, chapter 11, article 11, the registrar after investigation, in its sole discretion, may issue a citation directing the licensee, within ten days after service of the citation on the licensee, to appear by filing with the registrar the licensee’s written answer to the citation and complaint showing cause, if any, why the licensee’s license should not be suspended or revoked. The complaint must be filed within the statute of limitations prescribed by 32-1162.
Why is that phrase “sole discretion” important?
If the Registrar wants to issue a citation to a contractor, it can do so.
But if the Registrar does not want to issue a citation to that contractor, it does not need to issue any citation.
And no one can force the Registrar to do it. Why? Because the Legislature has given the Registrar “sole discretion.”
