Vacate

06F-2601-ROC · Registrar of Contractors · 2007-05-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In a Notice of Hearing dated April 3, 2007 this matter was set for hearing at 1:30 p.m. May 7, 2007. The Citation and Complaint was issued December 21, 2006, based on Complainant’s June 23, 2006 Complaint. The hearing was convened at the scheduled time. Complainant, Mike Khodabakhsh, was present and represented by Attorney Greg McGill; Respondent’s qualifying party, Bill Lockhart, was present and Respondent was represented by Attorney Jeffery Craven. Also present were Mr. Steven Ringenbach, a witness for the Respondent, and ROC Inspector Scott Deering. The parties agreed to discuss settlement, and did so for about 1 hour and 20 minutes outside the presence of the Administrative Law Judge, but were unable to reach agreement. The hearing was reconvened. Prior to the presentation of evidence, Mr. McGill stated that there were unanswered facts related to final payment and a lien release and, therefore, Complainant made a request to amend the issues for hearing. Respondent objected and the request was denied. Mr. McGill then expressed concern that Complainant had not received any disclosure material and the ALJ explained that there was no disclosure provision at an administrative hearing. After consulting with Complainant, Mr. McGill made a Motion to Reconsider on the basis that Complainant was unaware of facts related to the final payment until the settlement discussions. The Motion to Reconsider was denied. Complainant then made a Motion to Withdraw the Complainant Without Prejudice. The ALJ explained that granting such a Motion was beyond the scope of his authority, and that Complainant could withdraw, but that the Registrar would rule on the matter after a withdrawal. Complainant again made the Motion to Withdraw the Complainant Without Prejudice, and the ALJ denied that Motion. Complainant then made a Motion to Withdraw the Complaint. The ALJ offered Respondent an opportunity to present evidence. Respondent stated that it was prepared to more forward, but unless the ALJ was going to deny Complainant’s Motion to Withdraw the Complaint, it would not present evidence. Complainant’s Motion to Withdraw the Complaint was then granted. Consequently, IT IS ORDERED vacating this matter from the docket of the Office of Administrative Hearings and remanding it to the Registrar of Contractors.

Done this day, May 8, 2007.

_________________________________ Thomas Shedden Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

Stone Impressions Inc. C/O Smith & Craven PLLC 4045 E Union Hills Dr, Suite 112 Phoenix, AZ 85050 Maricopa County

Mike Khodabakhsh C/O Gregory G McGill PC 4421 N 75th St, Suite 101 Scottsdale, AZ 85251

By _______________________________ -----------------------

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