Vacate

01F-2412-ROC-res · Registrar of Contractors · 2002-10-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On October 24, 2002, the Office of Administrative Hearings received from the parties a Stipulation and Joint Motion to Provisionally Close Citation and Complaint in the above captioned cases. The hearing is these consolidated matters is currently scheduled for October 28, 2002. Under A.A.C. R2-19-111(1), the Administrative Law Judge shall vacate a calendared hearing and return the matter for further action if the parties agree to vacate the hearing. The Stipulation and Joint Motion state that since the Complainants and Respondents Todd Curtis Custom Homes, L.L.C. and Mark’s Valley Grading, Inc., along with other entities that are not part of these matters, have recently entered into an agreement to fix Complainants’ foundation, the parties have agreed to stipulate and jointly move this Tribunal to recommend to the Registrar of Contractors (“ROC”) that the Citations and Complaints in the above captioned matters be provisionally closed. As part of the Stipulation, Respondents agree not to oppose any action by Complainants to revive any or all of the issues presented under the original complaints, thereby restoring the hearing process. Further, per the Stipulation, Complainants may revive the ROC complaints if the agreement among the parties is violated, the repairs fail, or final repairs are not made. Respondents also agree not to assert the statute of limitations as an affirmative defense to any new compliant, and under the Stipulation, the parties could still petition the ROC for a compliance hearing, if appropriate. Accordingly, based on the foregoing, IT IS HEREBY ORDERED vacating the hearing in these matters from the docket of the Office of Administrative Hearings. Further, based on the foregoing, IT IS RECOMMENDED that the Registrar of Contractors enter an Order to provisionally close the above captioned matters. Done this day, October 25, 2002.

_________________________________ Constantino Flores Administrative Law Judge

Copy transmitted by mail/fax this _____ day of _________, 2002 to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007 Fax: 602-364-0416

Michael P. Anthony, Esq. Carson Messinger Elliott, et al, P.L.L.C. 330 North Central Avenue Suite 1900 Phoenix, AZ 85012 Fax: 602-222-5575 Attorneys for Complainants

Richard A. Segal, Esq. Gust Rosenfeld P.L.C. 201 N. Central Ave., Suite 3300 Phoenix, AZ 85073-3300 Fax: 602-254-4878 Attorneys for Respondent Bell Concrete, Inc.

Brad Holm, Esq. “Trey” A.R. Dayes III, Esq. Holm Wright Hyde & Hays, P.L.C. 10429 S. 51st Street, Suite 285 Phoenix, AZ 85044 Fax: 480-961-0818 Attorneys for Respondent Todd Curtis Custom Homes, L.L.C.

Rina K. Rai, Esq. Kaites, Iafrate & Rai, P.L.C. One Renaissance Square Two N. Central Ave., Suite 1100 Phoenix, AZ 85004 Fax: 602-234-9775 Attorneys for Respondent Mark’s Valley Grading, Inc.

By _______________________________

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