ALJDEC
00F-2771-ROC · Registrar of Contractors · 2000-10-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|ROGER T. MILLER and HELEN MILLER, | | No. 00F-2771-ROC | | | | | |Complainants, | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 151022, Class B | | | |Quorum Construction and Development,| | | |dba QUORUM DEVELOPMENT (CORP), | | | | | | | |Respondent. | | | | | | |
HEARING: October 27, 2000 at 9:00 APPEARANCES: Complainants appeared on their own behalf; Respondent appeared through its president and qualifying party, Terrell J. Webb. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________
The undersigned makes the following Findings of Fact, Conclusions of Law, and Recommended Order. FINDINGS OF FACT The Registrar issued License No. 151022 to Respondent, a corporation, on December 11, 1999. Complainants sought in this action the revocation of Respondent’s license and the return of monies their insurance company had paid Respondent to repair fire damage of their residence. The parties presented some evidence and, after the lunch break was announced, Complainants elected to withdraw their complaint to the Registrar of Contractors against Respondent’s contractor’s license and to pursue their common-law and legal remedies in a judicial forum. CONCLUSIONS OF LAW Complainants bear the burden of proof. Complainants’ election to withdraw their complaint rendered the issue of whether Respondent violated the statutory subsections alleged in the Citation and Complaint moot. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Registrar dismiss Case No. 00-2771 against Quorum Construction and Development’s License No. 151022, Class B-, without prejudice to Mr. and Mrs. Miller’s pursuit of any remedies against Quorum that may be available to them in a court of law. Done this day, October 27, 2000.
______________________________________ Diane Mihalsky Administrative Law Judge
Original transmitted by mail this ____ day of October, 2000, to:
Registrar of Contractors Michael P. Goldwater, Director Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007
By ___________________________
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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826