ALJDEC

00F-2208-ROC · Registrar of Contractors · 2001-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 11, 2001

APPEARANCES: Complainant appeared and was represented by attorney Robert B. Hoffman; Respondent was represented by its President and Qualifying Party Jim Councilman.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set for January 11, 2001. Late in the afternoon on January 10, 2001, Complainant filed a continuance request. Because it was filed so late, this tribunal did not rule on it before the hearing time arrived. Because of the matters stated below, the request is now moot. On January 11, 2001, the parties appeared at the appointed time and place for hearing in this matter. They were represented as noted above. No hearing was held because the parties, with help from the Administrative Law Judge, came to an agreement that makes an administrative hearing unnecessary at this time. This complaint concerns a water well Respondent was hired by Complainant to dig and which is unfinished at this time. No Corrective Work Order was issued by the Registrar of Contractors. The parties have made this tribunal aware of a Stipulation and Consent Order (hereinafter “ADWR Consent Order”) issued by the Arizona Department of Water Resources on November 20, 2000, a copy of which is attached to Complainant’s Status Report filed with this tribunal on December 1, 2000. The ADWR Consent Order requires Complainant and Respondent to complete the construction of the well within standards or properly abandon it by February 18, 2001. On the record at the hearing, the parties agreed to the following terms: (1) Respondent agrees to complete construction of the well to within minimum workmanship standards on or before February 18, 2001; and (2) Complainant agrees to drop his complaint based on Respondent’s promise to complete the well as stated in (1). The parties expressed their agreement to these terms verbally on the record at the hearing. Complainant is aware that he has the right to request a hearing should Respondent not comply with his term of the agreement. Respondent is aware that the case could be re-opened should it fail to comply, and could result in disciplinary action, up to revocation, should Respondent be found out of compliance with the agreement and the Registrar’s Order accepting the agreement. RECOMMENDED ORDER IT IS RECOMMENDED that the Registrar of Contractors accept the agreement by the parties and dismiss this complaint with no further action. However, should Complainant allege that Respondent has not complied with the agreement, it is recommended that the Registrar set the case for a new hearing regarding compliance with the agreement.

Done this 11th day of January 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of January 2001, to:

Michael P. Goldwater ATTN: Joyce Armijo Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826