Vacate: Settlement Recommendation

09F-2720-ROC · Registrar of Contractors · 2009-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Registrar of Contractors (“the Registrar”) had scheduled a fair hearing on this date at 8:00 a.m. Complainant Ed Eaton and Respondent BCI Bebout Concrete Inc.’s qualifying party James Paul Bebout, Jr. appeared. The Registrar’s Inspector Rick Oelke testified regarding the construction deficiencies that he had observed at his prehearing jobsite inspection, only one of which had been addressed on the Corrective Work Order. Discussions were held on and off the record. Based on these discussions, Respondent agreed within thirty days of the hearing date to hire appropriately licensed contractor(s) to correct in a professional and workmanlike manner the concrete patch near the garage service door and the settlement and landscape problems that Inspector Oelke had described in his testimony. In consideration for Respondent’s agreement, Complainant agreed to withdraw his complaint and consented to its closure. The Administrative Law Judge informed the parties that any breach of the settlement agreement by Respondent or its contractor(s) could form the basis of a new complaint to the Registrar. Based on the foregoing, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date.

IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors with the recommendation it be closed pursuant to the parties’ settlement. Done this day, September 10, 2009.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of September, 2009 to:

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

Ed Eaton 5436 N. 186th Dr. Litchfield Park, AZ 85340

BCI Bebout Concrete Inc. 416 W. Lone Cactus Dr. Phoenix, AZ 85027-2910

BCI Bebout Concrete Inc. 10115 E. Bell Bd., Ste. 107-622 Scottsdale, AZ 85260

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

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