ALJDEC decisions subject to certification as final

2009A-4427943-ROC · Registrar of Contractors · 2011-09-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Eric and Mary Jo Newcomb | | No. 2009A-4427943-ROC | | | | | |COMPLAINANTS | | | | | | | |-v- | | | | | | | |License No. C-30.232832-R of | |ADMINISTRATIVE | |Cabinets Plus Inc. | |LAW JUDGE DECISION | | | | | |RESPONDENT | | | | | | |

HEARING: August 8, 2011

APPEARANCES: Complainants appeared on their own behalf; Respondent did not appear; the Residential Contractors’ Recovery Fund intervened in this matter and was represented by Assistant Attorney General Camila Alarcon, accompanied by Glenn Hawkins, Residential Contractors’ Recovery Fund Claims Reviewer.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Complainants and counsel for the Residential Contractors’ Recovery Fund (“the Fund”) appeared at the time appointed for hearing. As the hearing began, Ms. Alarcon and Mr. Hawkins informed the Administrative Law Judge that the Fund, based on new evidence, had changed its initial conclusion that Complainants were not eligible for recovery. According to the Fund, Complainants are now found to be eligible for recovery from the Fund and their claim will be processed to determine the appropriate amount of payout. Considering the foregoing, this matter is remanded to the Registrar of Contractors for further proceedings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the order will be 40 days from the date of that certification.

Done this day, September 8, 2011.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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