ALJDEC

01F-G0727-ROC · Registrar of Contractors · 2001-11-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 2001

APPEARANCES: Complainants appeared on their own behalf; Respondent was represented by attorney Christopher Lonn, and Darren McNamara, V. P. of Warranty .

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

On November 5, 2001, the parties appeared at the appointed time and place for hearing in this matter. No hearing was held on the record, because the parties came to an agreement that makes an administrative hearing unnecessary. The parties have signed an agreement that is attached to this Recommended Order as Attachment A and incorporated herein by reference (hereinafter “the Agreement”). Respondent agrees to perform the items listed in the Agreement in exchange for Complainants’ agreement that the complaint be closed. The parties expressed their agreement to these terms verbally on the record and have signed the Agreement. It should be noted that the Agreement contains handwritten modifications that are difficult to read. Counsel for Respondent has avowed that he will send this tribunal a copy of the complete and final version that contains the modifications as typed into the document. As of November 16, 2001, that copy has not been received. When it is received, it will be the binding version of the Agreement if signed by both parties. Complainants are aware that they have the right to request a hearing should Respondent not comply with the Agreement. Respondent is aware that the case could be re-opened should it fail to comply, and could result in disciplinary action should Respondent be found out of compliance with the Agreement and the Registrar’s Order accepting the Agreement. RECOMMENDED ORDER IT IS RECOMMENDED that the Registrar of Contractors accept the Agreement by the parties and close this complaint with no further action. However, should Complainants allege that Respondent has not complied with the Agreement, it is recommended that the Registrar set the case for a new hearing regarding compliance with the Agreement.

Done this 16th day of November 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of November 2001, to:

Michael P. Goldwater Registrar of Contractors 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