FINACT2017A-5102-CHC-ROC.pdf
2017A-5102-CHC-ROC · Registrar of Contractors · 2018-03-26
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Ralph Merwin, Sr. and Diana Merwin, Case No. 2017-5102 COMPLAINANTS,
v.
Vito Frederick Austin DBA: Vito's Construction, License No. KB-2229267-D, Docket No. 2017A-5102-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’s decision, that decision is the
final administrative decision in this case and becomes effective on May 5, 2018.
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, used the correct statutory language for a violation of A.R.S. § 32-1158(A):
1 of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 (“…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 after December 31, 2007 must be in writing and include the following minimum terms. . . .” 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 6, line 2, of the Decision, with “A.R.S. § 32-1158(A).” • The Registrar replaces, “A.R.S. § 32-1158(B),” found on page 6, 10, of the
Decision, with “A.R.S. § 32-1158(A).”
• The Registrar replaces “A.R.S. § 32-1158(B),” found on page 10, line 15, of the
Decision, with “A.R.S. § 32-1158(A).”
• The Registrar replaces “A.R.S. § 32-1158(B),” found on page 10, footnote 16, of
the Decision, with “A.R.S. § 32-1158(A)” and strikes “after December 31, 2007”
from page 10, footnote 16, line 22.
• The Registrar replaces “A.R.S. § 32-1158(B),” found on page 11, line 3, of the
Decision, with “A.R.S. § 32-1158(A).”
The Registrar also replaces “May 4, 2016,” found on page 7, line 10 and 11, of the Decision, with
“March 4, 2016.” Dated this 26th 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 26th day of March 2018 to: Respondent Vito Frederick Austin DBA: Vito's Construction PO Box 1683 Quartzsite, AZ 85346-1683 Complainants Ralph and Diana Merwin 810 W. Main St. Quartzsite, AZ 85346 Case No. 2017-5102/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