ALJDEC

01F-0418-ROC · Registrar of Contractors · 2001-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above matters came on for hearing on Monday, January 22, 2001 at 9:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. Angila Gallenstein, Esq. represented Respondent Dick Corporation. Mishka Marshall, Esq. represented Respondent Ammon Painting Company. Of the forty- three Complainants involved, only Patricia Hurd (docket nos. 01F-0414-ROC and 01F-0415-ROC) and Randy Leister (docket nos. 01F-0400-ROC and 01F-0401- ROC) appeared. Prior to the commencement of the hearing, Ms. Hurd and Mr. Leister both concluded settlement agreements with the Respondents. Ms. Hurd and Mr. Leister thereafter acknowledged those agreements on the record. As to all of the other Complainants, with the exception of Michael Todd (docket nos. 01F-0392-ROC, 01F-0393-ROC), the Respondents avowed, through counsel, that settlement agreements had been reached (a representation consistent with the absence of those Complainants from the hearing). As to Mr. Todd, Ms. Gallenstein advised the Administrative Law Judge that she had not been able to contact him, and that no settlement had been reached. Due to these circumstances, Mr. Todd’s complaint will be addressed by separate recommended decision and order. Based on Ms. Hurd’s and Mr. Leister’s acknowledgments of settlement, and Respondents’ representations that settlements have been reached with each of the other Complainants (excepting Mr. Todd), IT IS HEREBY ORDERED that the above-entitled matters, except docket nos. 01F-0392-ROC and 01F-0393-ROC, are vacated from the calendar of the Office of Administrative Hearings and remanded to the Registrar of Contractors for further action consistent with the conclusion of settlement agreements among the Complainants and Respondents. Done this day, February 5, 2001.

______________________________________ Daniel G. Martin Administrative Law Judge

Copy mailed this ____ day of ______________, 2001, to:

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

Angila Gallenstein, Esq. Doyle, Winthrop, P.C. 3300 North Central Avenue Suite 1600 Phoenix, AZ 85064

Mishka Marshall, Esq. Renaud, Cook & Drury, P.A. North Central Avenue Suite 1600 Phoenix, AZ 85004

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

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