Vacate: Settlement Recommendation

09F-2621-ROC · Registrar of Contractors · 2009-10-30

STATE OF ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

On October 30, 2009, the parties appeared at the appointed time and place for hearing in this matter. Complainant was represented by attorney John T. Gilbert, accompanied by the company’s President Jeff Payne. Respondent was represented by its Qualifying Party Clarence Goodlett. After the hearing had started and evidence was taken, 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 continue the formal hearing process. Complainant agrees to withdraw the complaint in exchange for the following promises from Respondent: Respondent agrees to pay $5,000.00 to Complainant on or before each of the following dates: November 2, 2009; December 1, 2009; January 1, 2010; and February 1, 2010. These payments total $20,000.00. Also, Respondent agrees to pay Complainant $3,500.00 on or before March 1, 2010 but only if Complainant cannot confirm that a prior $3500 payment has already been made by Respondent or, if confirmed, has already been properly applied to Respondent’s account balance. If the $3500 payment is not confirmed or has been applied to Respondent’s account, Respondent must make the March 2010 payment. If it is confirmed, but has not been properly applied to Respondent’s account, Complainant will apply it to the account and Respondent does not have to make the March 2010 payment.

. . .

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withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.”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 30th day of October 2009.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of October 2009, to:

John T. Gilbert, Esq. Alvarez & Gilbert 14500 N. Northsight Blvd. Suite 216 Scottsdale, AZ 85260-1001 Attorneys for Complainant

J R A General Contracting LLC 500 N. Estrella Parkway #B2-486 Goodyear, AZ 85338

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