FINACT2017A-4989-CHC-ROC.pdf

2017A-4989-CHC-ROC · Registrar of Contractors · 2018-03-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Larry and Gayle Earle, Case No. 2017-4989 COMPLAINANTS,

Anthony S Cullotta DBA: Illumination Window & Door Company, License No. 277381, Docket No. 2017A-4989-CHC-ROC FINAL ADMINISTRATIVE 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.

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 Decision, that decision is the

final administrative decision in this case and becomes effective on April 23, 2018.

IT IS FURTHER ORDERED that Respondent pay a civil penalty in the amount of $250.00 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 3 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 ALJ imported the clerical error into the Administrative Law Judge Decision, the Registrar makes the following changes: • The Registrar replaces “A.R.S. § 32-1158(B),” found on page 2, lines 12-13, of the Decision, with “A.R.S. § 32-1158(A).” • The Registrar replaces “Ariz. Rev. Stat. § 32-1158(B),” found on page 5, lines 19-20, of the Decision, with “A.R.S. § 32-1158(A).” • The Registrar replaces “A.R.S. § 32-1158(B),” found on page 5, footnote 1, of the Decision, with “A.R.S. § 32-1158(A).” • The Registrar replaces “A.R.S. § 32-1158(B),” found on page 6, line 17, of the Decision, with “A.R.S. § 32-1158(A).” The Registrar also replaces “A.R.S. § 32-1155(B),” found on page 6, line 2, of the Decision, with “A.R.S. § 32-1155(A).” Dated this 14th 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 and via electronic mail this 14th day of March 2018 to:

Respondent Anthony S. Cullotta DBA: Illumination Window & Door Company 11142 E. Sorrel Ln. Scottsdale, AZ 85259-5774

Complainant Larry and Gayle Earle 9227 N. Summer Hill Blvd. Fountain Hills, AZ 85268-6300 Case No. 2017-4989/jo

3 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762