FINACT2017A-3920-CHC-ROC.pdf

2017A-3920-CHC-ROC · Registrar of Contractors · 2018-03-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Harry Owen Preston, Case No. 2017-3920 COMPLAINANT,

v.

Solana Outdoor Living LLC, License No. 309290, Docket No. 2017A-3920-CHC-ROC RESPONDENT. FINAL ADMINISTRATIVE DECISION AND ORDER

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.

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 hereby accepts it.

CONCLUSION

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 April 30, 2018.

IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $500.00 payable to the Registrar on or before 30 days from the effective date of this Order. Payment may be hand- delivered to the Registrar’s physical address or mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, Arizona 85505-6748

1 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762

FINAL NOTE The underlying citation in this matter contained a non-prejudicial clerical error made by the Registrar. The Registrar cited the Respondent for a violation of A.R.S. § 32-1154(A)(12), “namely A.R.S. § 32-1158(B)” rather than for a violation of A.R.S. § 32-1154(A)(12), “namely A.R.S. § 32-1158(A).” A.R.S. § 32-1158(B) was renumbered to A.R.S. § 32-1158(A) following legislation passed on August 9,

2017. The citation, however, quoted the correct text for a violation of A.R.S. § 32-1158(A): (“From and

after December 31, 2007, any contract in an amount of more than one thousand dollars entered into

between a contractor and the owner of a property to be improved shall contain in writing at least the

following information….”

Because the administrative law judge imported the clerical error into the Administrative Law Judge

Decision, the Registrar makes the following changes:

• The Registrar replaces “1158(B)” found on page 1, line 29, with “1158(A)”.

• The Registrar replaces “1158(B)” found on page 5, line 12, with “1158(A)”.

• The Registrar replaces “1158(B)” found on page 14, line 16, with “1158(A)”. • The Registrar replaces footnote 19 on page 14, with “A.R.S. § 1158(A). A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.

7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.

9. That the property owner has the right to file a written complaint with the registrar for an

alleged violation of section 32-1154, subsection A. The contract shall contain the registrar's

telephone number and website address and shall state that complaints must be made within

the applicable time period as set forth in section 32-1155, subsection A. The information in

this paragraph must be prominently displayed in the contract in at least ten point bold type,

and the contract shall be signed by the property owner and the contractor or the contractor's

designated representative. This paragraph does not apply to a person who is subject to and

complies with section 12-1365.

• Additionally, on page 2, line 21, the Registrar replaces “13” with “16”.

Dated this 21st day of March 2018. Registrar of Contractors /s/ Nicole Sornsin ----------------------------------------------------------- Nicole Sornsin Assistant Director, Legal and Recovery Fund

Copy mailed via USPS First Class mail this 21st day of March 2018 to: Respondent Solana Outdoor Living LLC 12090 N Thornydale Rd Ste 104 Marana, AZ 85658-4779 Complainant

3 of 4 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Harry Owen Preston 18552 W Avra Valley Rd Marana, AZ 85653-8690

Complainant’s Attorney John Sundt 6057 E Grant Rd # 101 Tucson, AZ 85712-2306 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s counsel at email address on record with the Registrar Copy sent electronically this same date to: Office of Administrative Hearings Linda Marie Brown, Administrative Law Judge

Case No. 2017-3920/mm