ALJDEC

00F-RF0201-ROC · Registrar of Contractors · 2000-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Dan and Georgia Debus, | | No. 00F-RF0201-ROC | | | | | |Plaintiffs, | | | | | | | |-v- | |RECOMMENDED PAYOUT | | | |BASED ON RECOVERY FUND’S | |License No. 114106, Class B of | |CHANGE OF POSITION | |Hacienda Construction, L.L.C., | | | | | | | |Defendant. | | | | | | |

A hearing was held in this matter on March 27, 2000. Dan and Georgia Debus appeared for Plaintiffs, former Qualifying Party Sal Durso appeared for Defendant, and Assistant Attorney General Marc Harris appeared for the Residential Contractors’ Recovery Fund. During the hearing, the Fund’s representative noted that if further documentation was submitted by Plaintiffs, the Fund may change its position and issue the claimed award. The parties agreed to continue the hearing for two weeks so that Plaintiffs could submit further documentation, identified at the hearing, in support of their claim. This tribunal recessed the hearing and ordered the parties to notify the tribunal once the Fund had reviewed the documentation. On April 6, 2000, this tribunal received a letter from the Fund’s representative. Attached to the letter was further documentation showing that Plaintiffs have not already recovered for the damages that the instant claim is based on. Thus, the Fund has changed it position and now agrees to pay Plaintiffs’ claim. The evidence supports the Fund’s determination.

. . .

IT IS RECOMMENDED that the Registrar of Contractors adopt the position of the Fund and pay Plaintiffs’ claim for $2800.00.

Done this 11th day of April 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of April 2000, to:

Michael P. Goldwater ATTN: Joyce Armijo Registrar of Contractors 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