Vacate: Settlement Recommendation

2003A-5449433-ROC · Registrar of Contractors · 2012-11-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The record in this matter was held open until November 14, 2012, to allow the parties to further negotiate a settlement. On November 29, 2012, the parties provided notice that they had agreed upon a settlement in principle and that they were in the process of documenting the settlement. The parties requested that the Registrar of Contractors (“the Registrar”) and the Office of Administrative Hearings (“the OAH”) take no further steps to decide this matter on the merits or issue a decision of any kind. A.R.S. § 41-1092.08(A) allows the Administrative Law Judge (“ALJ”) twenty days to issue a recommended decision to the Registrar, or until December 4, 2012, but does not allow the ALJ to extend the time to transmit a decision for any reason. Because the parties have informed the Registrar and the OAH that they have reached a settlement in principle, IT IS ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Registrar for further action. If the parties are unable to finally resolve their differences, they may request that the Registrar remand this matter back to the OAH, and the ALJ will transmit to the Registrar forthwith her recommended decision on the merits based on the evidence that was presented and legal arguments that were made at the hearing. Done this day, November 30, 2012.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed November 30, 2012 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

John W. Blischak, Esq. 1100 E. Washington St., Ste. 200 Phoenix, AZ 86034-1090 [email redacted] Robert F. Roos, Esq. Lewis and Roca LLP North Central Avenue Phoenix, AZ 85004-4429 [email redacted]

By TMendez

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