Vacate: Settlement Recommendation

09F-5118-ROC · Registrar of Contractors · 2010-01-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 14, 2010.

APPEARANCES: >The Complainant was represented by its attorney, Michael A. Schern, Esq. >The Respondent appeared through its sole proprietor, Milan Peric.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Vacating and Remanding Order are made.

FINDINGS OF FACT

1. Shortly after the formal convening of the scheduled hearing and prior to the introduction of any evidence or testimony, counsel for Complainant announced and presented to the tribunal a written Notice confirming that Complainant was withdrawing the entire underlying complaint previously filed against Respondent with the Registrar of Contractors. Respondent was afforded an opportunity to object or to otherwise comment upon the Notice of Withdrawal so presented, but no objection or comment was made.

2. The undersigned Administrative Law Judge thereupon recessed the hearing with the announced understanding that this tribunal shall enter its Order vacating the balance of the administrative hearing and remanding this matter to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating this administrative matter.

3. No valid reason was perceived not to accept and abide by the Complainant’s determination and decision to withdraw its previously filed administrative complaint in this matter, which was acknowledged to warrant the entry of an Order by the Registrar closing the within Citation as well as the entire pending administrative proceeding as being withdrawn.

4. The action of Complainant in withdrawing its prior complaint appeared to be reasonable under all the disclosed circumstances, and such withdrawal further appeared to be the product of knowing and voluntary action on the part the named Complainant.

CONCLUSIONS OF LAW

1. The written and announced Notice of Withdrawal executed on behalf of Complainant and presented to the tribunal, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the remanding of the matter to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF HEARING AND REMANDING MATTER TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the hearing in this matter be and hereby is VACATED, and IT IS FURTHER

ORDERED that this case be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: January 15, 2010. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

William A Mundell, Director Registrar of Contractors Legal Department 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906

-----------------------

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