Vacate: Settlement Recommendation

09F-1427-ROC · Registrar of Contractors · 2009-08-03

STATE OF ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

On August 3, 2009, the parties appeared at the appointed time and place for hearing in this matter. Complainant was represented by attorney Joel Sannes, accompanied by its Qualifying Party Gunther Hermann. Respondent was represented by attorney Fred Gamble, accompanied by Managing Member Joel Clapick. Respondent’s license is currently suspended for lack of Qualifying Party. The parties discussed the case off the record. On the record, the parties informed the Administrative Law Judge that they had reached agreement and did not need to continued the formal hearing process. Complainant agreed to withdraw the complaint and release Respondent from any other claims related to the project that is the subject of the complaint, in return for a payment of $4,600.00 from Respondent by August 7, 2009. Respondent agreed to pay $4,600.00 to Complainant by that date in return for the withdrawal and release. The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement and Complainants’ withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Good cause appearing, and based on withdrawal of the complaint,

. . .

IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this 3rd day of August 2009.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of August 2009 to:

Gunther Herrmann Odessa Construction LLC P.O. Box 5460 Glendale, AZ 85312-5460

Joel Sannes Lake & Cobb, PLC 1095 W. Rio Salado, #206 Tempe, AZ 85281 Attorneys for Complainant

Bailey Boy Underground LLC 2322 S. McClintock Dr. Tempe, AZ 85282

Fred Gamble Law Offices of Frederick G. Gamble 2800 S. Mill, Suite 201 Tempe, AZ 85282-3645 Attorney for Respondent

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

By ___________________________ -----------------------

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