Vacate

06F-M2030W-ROC · Registrar of Contractors · 2007-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pending before the Office of Administrative Hearings is correspondence from Respondents’ counsel to the Registrar of Contractors that was forwarded to the Office of Administrative Hearings on January 22, 2007. The correspondence indicates that the above-captioned matter was incorporated into a Stipulation and Agreement dated December 4, 2006. Attached to the correspondence is a copy of that Stipulation and Agreement that was attached as Exhibit “A” to an Order Vacating Hearing and Notice of Settlement issued by Administrative Law Judge Gary Strickland on December 5, 2006. That agreement specifically delineates that Complainants “withdraw their related ROC Complaints designated as follows: M06-2030; M06-2030W and M07-0682.” On January 22, 2007, Complainant Cindy Novak filed correspondence with the Office of Administrative Hearings indicating her opposition to vacating the hearing scheduled for February 7, 2007, for the reason that Respondent Caliber Holdings Company, L.L.C. has not complied with all of the terms of the Stipulation and Agreement, and Ms. Novak does not believe that full compliance will be achieved by the stipulated deadline date.

Due to the fact that the parties entered into an agreement that incorporated the above-captioned matter and because Complainants withdrew their filed complaint in the instant matter, it is appropriate that this matter be vacated. Complainants’ recourse in the event of a breach of a settlement agreement would be to request that the Registrar of Contractors schedule a compliance hearing. Based on the above, IT IS HEREBY ORDERED VACATING this matter from the docket of the Office of Administrative Hearings and remanding it to the Registrar of Contractors for appropriate disposition.

Done this day, January 24, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

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

Brian and Cindy Novak 11362 East Fox Street Mesa, AZ 85207

Jay R. Graif, Esq. Harper Christian Dichter & Graif, P.C. 2700 North Central Avenue Suite 1200 Phoenix, AZ 85004

Suntex Homes 3975 Highland Drive, #6 Salt Lake City, UT 84124

M J L Homes P.O. Box 1185 Draper, UT 84020

By _______________________________

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