Vacate

08F-RF0721-ROC · Registrar of Contractors · 2010-02-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Plaintiffs have filed a claim for an administrative payout from the Residential Contractors’ Recovery Fund (“Fund”) for damages caused by Defendant. The Registrar of Contractors (“Registrar”) is the administrator of the Fund. The Fund initially denied Plaintiffs’ claim. Plaintiffs filed a request for an evidentiary hearing, which was scheduled before the Office of Administrative Hearings, an independent agency. This matter came on for hearing on December 11, 2009. At the hearing, Plaintiffs presented additional data in support of their claim which had not previously been submitted to the Fund. Therefore, the Fund did not have an opportunity to analyze the new data. In order to afford the Fund an opportunity to examine the new data, the Administrative Law Judge adjourned the hearing and scheduled a further hearing on April 12, 2010. By letter dated February 3, 2010, the Fund’s Chief, Hester L. Scott, informed Plaintiffs’ counsel that the Fund revised its position and withdrew its objection to their claim after reviewing the new data. The Fund approved Plaintiffs’ claim for an award of $30,000.00 from the Fund. In view of the foregoing and pursuant to A.A.C. R2-19-111(4), IT IS ORDERED that the further hearing in this matter be vacated from the calendar of the Office of Administrative Hearings, and that Fund Claim No. RF08-0721 be remanded to the Registrar for further action. Done this day, February 17, 2010.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2010 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Bianca Lederer, Esq. Bluff & Associates PC 844 N. 4th Ave. Phoenix, AZ 85003-1314

D. Jeffrey Craven Esq. Smith & Craven PLLC 4045 East Union Hills Dr. Building B, Ste. 112 Phoenix, AZ 85050

Keely Verstegen, Esq. Office of the Attorney General 1275 W. Washington St. Phoenix, AZ 85007

R. J. Wampler Custom Homes, Inc. c/o Ryan James Wampler and/or Stacia Paige Wampler 4045 E. Union Hills Drive, #b, Ste. 112 Phoenix, AZ 85050

By _______________________________ -----------------------

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