ALJDEC decisions subject to certification as final

07F-2648-ROC · Registrar of Contractors · 2008-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Counsel for Respondent has filed a motion or request to dismiss the Citation and Complaint in the above-entitled matter based upon the express terms of a previously concluded agreement of settlement between the parties. Complainant was afforded an opportunity to file a response to Respondent’s aforesaid motion or request but has failed to do so. Upon review and consideration of the contents of the above-described motion or request, as well as of the entire case file and of the written and signed document attached to such motion, it appears that the parties had entered into a valid settlement agreement, one of the operative provisions of which was that Complainant had agreed to file a Notice with the Registrar that the previously filed administrative complaint in this action was to be dismissed. It further appeared that the consideration for the withdrawal of the within complaint was the release of a certain described lien on the subject property that had been placed by Respondent, and that the Respondent had, in fact, duly provided such contemplated lien release. Consequently, the grounds for the Respondent’s motion are determined to be valid and a granting of its motion to dismiss is determined to be fully warranted hereunder. In view of the foregoing, it is recommended that the motion or request for a dismissal of the Citation and Complaint in Case Number 07- 2648 be granted by the Registrar and that an Order be entered dismissing this action.

Additionally, IT IS ORDERED that the that the hearing scheduled to convene on February 12, 2008 at 1:30 p.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings,

Dated: January 29, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

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

Wittias Partners, LLC 2250 East Deer Valley Road (#67) Phoenix, AZ 85024

Marc’s Glass LLC 3123 East Thomas Road Phoenix, AZ 85016

Neal G. Horenstein, Esq. 3130 North Third Avenue (Suite 300) Phoenix, AZ 85013

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