Vacate: Settlement Recommendation -- Mutual withdrawal of all

08F-0270-ROC · Registrar of Contractors · 2008-12-11

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 9, 2008 and December 11, 2008.

APPEARANCES: >Estilo, Inc. and Custom Homes by Randy Cozens were represented by their attorney, R. Corey Hill, Esq. >East Valley Contractors, LLC, was represented by its attorney, Michael W. Thal, Esq.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Vacating and Remanding Order are made.

FINDINGS OF FACT

1. At the time of reconvening after the end of the mid-day recess at the second and further consolidated hearing session, counsel for all named parties advised the Administrative Law Judge that they had reached the mutual decision to withdraw each of the respective administrative complaints in the above-captioned matters without prejudice to pursuit or continued pursuit by any of the parties of potentially available claims and/or defenses before a civil tribunal.. The parties additionally agreed to the entry by the Registrar of an Order closing the separate Citations issued in these cases as withdrawn.

2. The balance of the consolidated hearing in the above-captioned matters was thereupon recessed with the mutual understanding that this tribunal shall enter its Order vacating the balance of the consolidated administrative hearing applicable to each of the above numbered cases and remanding all those cases to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating those pending administrative actions.

3. The aforesaid withdrawal by both counsel on behalf of the named parties appeared to be product of knowing and voluntary action on the part of each such party.

CONCLUSIONS OF LAW

1. The policy of the law should and does generally allow any party to adversarial proceedings to withdraw or discontinue previously filed formal complaints or other actions, whether judicial or administrative. Such decision or

election by a party should, in most all instances, be recognized and given effect by all tribunals.

2. The withdrawal without prejudice of the underlying complaints in this action, appearing to be knowledgeable and voluntarily made, warrants the termination of the instant hearing and the remanding of the matters to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF CONSOLIDATED FURTHER HEARING AND REMANDING MATTERS TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the consolidated further hearing in Cases Numbered 07-2932, 07-2932W, 08-0720 and 08-0720W be and hereby is VACATED, and IT IS FURTHER ORDERED that these matters shall be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: December 12, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Armando Contreras, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906

Done this day, December 11, 2008.

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Registrar of Contractors Armando Contreras 3838 N. Central Ave. Phoenix, AZ 85012 -----------------------

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