Vacate: Settlement Recommendation

2009A-58383029-ROC-rf · Registrar of Contractors · 2012-10-02

A continued hearing on the merits had been scheduled on this date on the issue of whether Complainants Robert and Sandie Klaehn were entitled to a payout from the Residential Contractors’ Recovery Fund (“the Fund”). Although the hearing did not conclude for approximately 40 minutes, Respondent Martak Ventures, L.L.C. did not appear. At the beginning of the scheduled hearing, Joe O’Connor, Esq., the attorney representing Complainants, and Montgomery Lee, Esq., the attorney representing the Registrar of Contractors (“the Registrar”), reviewed the evidence that Mr. O’Connor was prepared to present at the hearing. Based on this evidence, Mr. Lee on behalf of the Registrar withdrew the objection to the payout and stated on the record that Complainants had produced evidence to support a payout from the Fund in the maximum amount of $30,000.00, when such monies became available. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Registrar with the recommendation that it be closed pursuant to the settlement. Done this day, October 2, 2012.

/s/ Diane Mihalsky Administrative Law Judge Copy mailed/e-mailed October 3, 2012 to:

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

Montgomery Lee, Esq. Assistant Attorney General 1275 W. Washington St. CIV/LES Phoenix, AZ 85007

Joe O'Connor, Esq. O'CONNOR & DURFIELD, P.L.C. 7047 E. Greenway Pkwy. Suite 250 Scottsdale, AZ 85254

Martak Ventures LLC 6047 E. Harvard St Scottsdale, AZ 85257-1917

By/tmendez

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