ALJDEC

00F-G0323-ROC · Registrar of Contractors · 2000-07-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 3, 2000; 9:50 A.M.; Phoenix, Arizona APPEARANCES: Complainant: Robert M. Ryan Respondent: Lyndon B. Steimel, Esq. ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter involves a claim for nonpayment of wages, and the proceeding came before the Office of Administrative Hearings pursuant to a petition for rehearing which the Arizona Registrar of Contractors (“Registrar”) granted. Based upon the evidence presented at the hearing, Administrative Law Judge George A. Schade, Jr. submits this Recommended Decision and Order to the Registrar. Prior to the commencement of the hearing, the parties discussed the contested issues and reached a mutual resolution. The Administrative Law Judge participated in most of the discussions, some of which the parties held between themselves. Both parties avowed that their agreement was a reasonable resolution of the contested issues. The terms of agreement are: 1. Respondent Ram Services, Inc. shall pay to Complainant Mr. Robert M. Ryan $1,400.00 by certified check on or before 5:00 P.M. on Friday, July 7, 2000. Mr. Ryan shall pick the check at Mr. Steimel’s office in Scottsdale, Arizona. 2. Both Respondent Ram Services, Inc. and Mr. Ryan shall execute, on or before 5:00 P.M. on Friday, July 7, 2000, but concurrently with the payment to be made to Mr. Ryan, a joint stipulation to dismiss with prejudice all claims and counterclaims which either party asserts or may have in the pending Maricopa County Superior Court civil action (Ryan v. Warning et al., Docket No. CV 99-06908). The joint stipulation shall include a confidentiality agreement for all parties and shall apply to all parties, under the control of these litigants, which might be associated with the pending civil action. 3. Mr. Ryan withdraws his complaint filed with the Registrar. RECOMMENDED ORDER It is recommended that the Registrar dismiss Citation and Complaint No. G00-0323. SUBMITTED this 3rd day of July, 2000.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on July 3, 2000, for distribution to the parties, to:

Michael P. Goldwater Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007

George A. Schade, Jr. -----------------------

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