PDF copy: Vacate

2008A-45352085-ROC-RF · Registrar of Contractors · 2016-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Scott Allen Householder and No. 2008A-45352085-ROC-RF Debra Davis Householder

COMPLAINANTS ORDER VACATING HEARING ON THE MERITS -v- License No. CR21.123138-D of Boyce Landscape Management Inc. RESPONDENT

A hearing on the merits had been scheduled on May 2, 2016, at 1:00 p.m. pursuant to a Notice of Recovery Fund Eligibility/Payout Hearing issued by the Arizona Registrar of Contractors (“the Registrar”). Boyce Landscape Management Inc. (“Respondent”) had requested a hearing to contest the amount of the damages that Scott Allen Householder and Debra Davis Householder (“Complainants”) should recover from the Residential Contractors’ Recovery Fund (“the Fund”) after the Registrar issued a Notice of Claim for Administrative Payout that stated that “[a]fter a review of the claim and all supporting documentation, the Fund has determined that Complainants are to be awarded $30,000.00 in the form of a payment issued by the Fund.” Neither Respondent nor Complainants appeared for the duly noticed hearing. The Registrar’s attorney provided an email from Respondent’s attorney dated April 29, 2016, that Respondent was withdrawing its objection to the proposed payout. Therefore, IT IS ORDERED vacating the hearing on the merits that had been scheduled on May 2, 2016, at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19- 111(4) to the Director of the Arizona Registrar of Contractors for further action.

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826 Done this day, May 3, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed May 3, 2016 to: Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

Ernest S. Bustamante, Esq. Ernest S Bustamante & Associates PLLC 2111 E. Highland Avenue, Ste 431 Phoenix, AZ 85016-4735 Thomas Raine, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926 [email redacted] Shawn Richter, Esq. RICHTER LAW, PLLC 8889 E Bell Rd Ste 205 Scottsdale, AZ 85260-1597

By M.Aguirre