Vacate

06F-M2167-ROC · Registrar of Contractors · 2007-01-12

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Complainants, through counsel, have filed a motion to allow the withdrawal without prejudice of their pending complaint before the Registrar of Contractors, asserting that more complete relief may be sought and obtained by pursuing available civil remedies in another forum in light of the nature and extent of the underlying construction-related matters in issue between the parties. In the alternative, Complainants moved to continue the hearing in the above matter scheduled to convene on January 18, 2007 for a prolonged time period. Respondent, through counsel, confirming its readiness and willingness to defend against all allegations on the presently scheduled hearing date, has filed a response effectively opposing any dismissal without prejudice but consenting to a dismissal with prejudice to the future reviving of or the future filing of another new disciplinary complaint with the Registrar, also opposing the alternative motion to continue the scheduled hearing.

Upon review and consideration of the contents of the aforesaid motion, alternative motion and response, as well as of the entire case file, it is determined under all the circumstances that a withdrawal of the pending

complaint before the Registrar may and should be allowed, but that any dismissal action by the forwarding agency should be with prejudice to the future filing by Complainants of another administrative disciplinary complaint with the Registrar based upon the same allegations of wrongdoing, but without prejudice to the ongoing or future pursuit by Complainants of available legal remedies based upon the same said allegations before a civil court of competent jurisdiction.

With respect to the alternative motion to continue the scheduled hearing, filed very belatedly and contrary to the impact of the previously issued ruling of the tribunal denying a prior motion for a continuance, the allowing of the withdrawal by Complainants of their filed complaint, thereby terminating this administrative action, warrants the vacating of the hearing and therefore renders unnecessary any ruling on the alternative motion for a prolonged continuance.

In view of the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing scheduled to convene on January 18, 2007 be and hereby is VACATED from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors for appropriate further action consistent with the observations and determinations set forth in this ruling.

Dated: January 12, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

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

Sean K McElenney, Esq. Bryce A. Suzuki, Esq. Bryan Cave, LLP Two North Central Avenue (Suite 2200) Phoenix, AZ 85004 – 4406

J. Robert Eckley, Esq. 3602 East Campbell Avenue Phoenix, AZ 85018

Aaron & Tracy Maxson 6856 S. Sapphire Way Chandler, AZ 85249

Aaron & Tracy Maxson P. O. Box 11014 Chandler, AZ 85248

Sunwest Valley Developers, Inc. 8245 North 85th Way Scottsdale, AZ 85258

Jack Clark, Inspector Registrar of Contractors, Mesa Office 2222 South Dobson Road (Suite 101) Mesa, AZ 85202 - 6483 -----------------------

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