Vacate: Settlement Recommendation

07F-RF0200-ROC · Registrar of Contractors · 2007-08-09

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

At the outset of the scheduled August 9, 2007 Hearing, the parties informed that they had reached a settlement of Ms. Metzger’s claim to the RECOVERY FUND in RF07-0200. Erik Hoyer, former “Qualifying Party” on the Syntec Concrete Coating, L.L.C. license, has agreed to and has, in fact, delivered[1] to Ms. Metzger a cashier’s check in the amount of $4,000.00. In consideration for the payment, Ms. Metzger moved to withdraw her claim to the RECOVERY FUND and to have the Hearing vacated, necessity for the presentation of testimony and evidence supporting the claim having been obviated by the resolution. The settlement entered into by and between Ms. Metzger and Mr. Hoyer was voluntarily made and resulted from the parties having been fully informed on the issues pertinent to their decisions.[2] Therefore; IT IS ORDERED that the August 9, 2007 Hearing be and is hereby vacated from the calendar of the Office of Administrative Hearings. IT IS RECOMMENDED that the Registrar of Contractors make further disposition of RECOVERY FUND Claim RF07-0200 in a manner appropriate in the premises.

Done this 9th day of August 2007.

_________________________________ Gary B. Strickland Administrative Law Judge

Copy mailed this 9th day of August 2007 to:

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

Cathleen Metzger 8322 East Nopal Avenue Mesa, AZ 85209

Jaburg & Wilk, P.C. Mark Bogard, Esq. 3200 North Central Avenue, Suite 2000 Phoenix, AZ 85012 Fax No.: (602) 248-0522

Office of the Attorney General CIV/LES Dawn Walton Lee, Assistant Attorney General Mary D. Williams, Assistant Attorney General 1275 West Washington Avenue Phoenix, AZ 85007 Fax No.: (602) 364-3202

Forwarded to Counsel via facsimile transmission this day.

By ___________________________ ----------------------- [1] The tender was made at the Hearing.

[2] Other terms of a settlement by and between Mr. Hoyer and the Registrar of Contractors vis-à-vis the ROC ‘s A.R.S. § 32-1154(A)(21) Complaint denominated R07-0062 were read into the record and will shortly be reduced to a written consent agreement.

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