Vacate: Settlement Recommendation

2009A-46922206-ROC · Registrar of Contractors · 2011-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Compliance Hearing in Case No. 2009- 46922206, formerly 09-4692, issued by the Registrar of Contractors (“Registrar”), this matter came on for hearing before the Office of Administrative Hearings, an independent agency, on July 8, 2011, “to determine whether Complainants [Lori McLaughlin and Doris Abbott] have unreasonably interfered with Respondent’s [D S W Contractors, Inc.] attempts at compliance, or whether Respondent has failed to comply with the terms of the March 1, 2010 Default Decision and Order, absent unreasonable interference on the part of Complainants.” Complainant Lori McLaughlin appeared personally. Complainant Doris Abbott appeared telephonically. D S W Contractors, Inc. was represented by its authorized representative, John Makarchuk. After the commencement of the hearing, but prior to its conclusion, the parties reached a settlement agreement, the essential terms of which were read into the record. Respondent agreed to pay Complainant Doris Abbott the sum of $10,000.00, and Complainants agreed that such payment would resolve the dispute in this matter. Respondent was to pay Ms. Abbott the sum of $5,000.00 on or before July 15, 2011, and to pay the final payment of $5,000.00 on or before August 8, 2011.

In view of the parties’ settlement agreement, IT IS ORDERED that the compliance hearing be vacated and that the above-entitled matter be remanded to the Registrar of Contractors for further action.

Done this day, July 28, 2011.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2011 to:

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

Lori Mc Laughlin & Doris Abbott 1041 N. Henry Dr. Chandler, AZ 85224-8723

D S W Contractors Inc PO Box 6112 Chandler, AZ 85246-6112

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

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