VACATE

01F-RF0277-ROC · Registrar of Contractors · 2001-05-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Defendant filed a motion to vacate and Plaintiff voiced opposition thereto.

A review of the file in the instant matter, as well as Defendant’s motion, reveals the following:

a. On or about February 21, 2001 the Registrar of Contractors mailed to Defendant a Notice To Contractor of Claim for Administrative Payout. This notice advised Defendant, among other things, that the Contractors’ Recovery Fund (“Fund”) intended to payout the sum of $20,000.00 “unless written request for a hearing” was received from Defendant. b. Defendant duly requested a hearing prior to any payout from the Fund. c. Apparently, there have been numerous Fund claims against Defendant’s license and at the time of the filing of Defendant’s motion to vacate its request for hearing, Defendant averred that the Fund has already paid out $99,558.65. Based on the fact that the applicable statutory provision provides that the maximum amount that may be paid from the Fund against one residential contractor is $100,000.00, Defendant asserts that the issue presented in the instant hearing is basically moot, due to the fact that the Fund can only pay out another $441.35 against Defendant’s license.

It is determined that the instant hearing would not have been convened but for Defendant’s express request for same. In light of the fact that Defendant is now withdrawing the hearing request, the instant matter is vacated from the calendar of the Office of Administrative Hearings and remanded back to the Registrar of Contractors for entry of an Order awarding Plaintiff either the full amount of her claim for $20,000.00 or, in the event that sufficient funds to pay said claim are no longer available to be paid out against Defendant’s residential contractor’s license, then whatever remaining sums, if any, may still be available as partial payment for Plaintiff’s claim. Done this day, May 15, 2001.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2001, to:

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

Jonathan Olcott, Esq. Chandler W. Travis, Esq. 4350 East Camelback Road, Suite C-160 Phoenix, AZ 85018

Kyle Sanford 7621 N. 22nd Place Phoenix, Arizona 85020

By _______________________________

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