Vacate: Settlement Recommendation

09F-4261-ROC · Registrar of Contractors · 2009-11-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits was commenced on this date. Complainants Tony Gonzales and Phyllis Gonzales appeared. Respondent’s qualifying party William Mutka appeared on its behalf, with his wife Lilia Mutka. After the testimony of Inspector Jim Dimond, who is employed by the Arizona Registrar of Contractors (“the Registrar”), a discussion was held on the record about the usual remedies available for complaints against licensed contractors after an administrative hearing. At the parties’ request a brief recess was taken. After the recess, Mr. and Mrs. Gonzales stated on the record that they did not seek a penalty against Respondent’s license; they just wanted their house to be completed and were prepared to hire another contractor to do so. Since the matters at issue were primarily contractual, rather than relating to workmanship, Mr. and Mrs. Gonzales asked to withdraw their complaint against Respondent’s license and pursue their remedies in civil court. On Respondent’s behalf, Mr. Mutka acquiesced to the withdrawal and agreed that the complaint could be closed as resolved, settled, or withdrawn. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date. IT IS FURTHER ORDERED remanding this matter to the Director of the Registrar with the recommendation that it be closed as resolved, settled, or withdrawn. Done this day, November 19, 2009.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

William Mutka Elegancia Homes LLC 2910 N. 190th Drive Litchfield Park, AZ 85340

Tony Gonzales Phyllis Gonzales 48412 N. Black Canyon Hwy New River, AZ 85087

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

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