Vacate: Settlement Recommendation

10F-2066-ROC · Registrar of Contractors · 2010-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Hearing issued by the Registrar of Contractors (“Registrar”), this matter convened for hearing on May 7, 2010, before Administrative Law Judge Brian Brendan Tully of the Office of Administrative Hearings, an independent agency. Mason Mart (“Complainant”) was represented by its authorized representative, Frank Chilcoat. Perez Pool Plastering, L.L.C. (“Respondent”) was represented by its authorized representative, Juan D. Perez. At the commencement of the scheduled hearing, the parties announced that they had reached a settlement agreement, the essential terms of which were read into the record. Respondent is indebted to Complainant in the total amount of $39,967.49 for materials supplied to Respondent by Complainant. The parties’ settlement agreement provides for the following: 1. Respondent has offered Complainant security for the debt. 2. Respondent shall pay Complainant the minimum sum of $1,000.00 per month until the debt is satisfied. 3. Respondent shall pay Complainant in cash for future purchases. The parties agree that Complainant may add a surcharge to any future purchases, which shall be credited to the outstanding balance owed to Complainant by Respondent.

The parties acknowledged that all the rights and defenses of the parties have been merged into their settlement agreement and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed, the sole issues for determination by the Registrar will be whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement. The parties’ settlement agreement warrants the vacating of the instant hearing. IT IS ORDERED that the hearing in this matter be vacated, and that Case No. 10-2066 be remanded to the Registrar for further action.

Done this day, May 10, 2010.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2010 to:

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

Mason Mart 2619 W. McDowell Road Phoenix, AZ 85009

Perez Pool Plastering, L.L.C. 7601 W. Claremont Street Glendale, AZ 85303

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

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