Vacate: Settlement Recommendation

2009A-7091070-ROC · Registrar of Contractors · 2010-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date. Complainants Gottfried and Mary Schmidt appeared personally, as well as telephonically through their attorney, Randal Studer, Esq., Law Offices of Paul Lenkowsky in Bullhead City, Arizona. The Arizona Registrar of Contractors (“the Registrar”) appeared through Assistant Attorney General Elizabeth Campbell, Esq. Although the beginning of the duly noticed hearing was delayed fifteen minutes to allow Respondent Jon Jackson Construction Inc. dba White Hills Construction additional travel time, it did not appear through a duly authorized officer, employee, or attorney. Respondent did not contact the Office of Administrative Hearings to request a continuance or that the time for the start of the hearing be further delayed. Complainant Mrs. Schmidt stated that a friend of Mr. Jackson’s had informed her that he was in Arkansas. The hearing had been scheduled at Complainants’ request after the Registrar’s Chief of the Recovery Fund issued a notice that Complainants’ claim was not eligible for a payout from the Residential Contractors’ Recovery Fund under A.R.S. § 32-1131(3). The Registrar had mailed a copy of the Notice of Recovery Fund Payout Hearing to Respondent’s address of record. At the hearing, the Registrar’s attorney stated on the record that, based on the additional documentation that Complainants had submitted, the Registrar had determined to withdraw its objection and requested that the Administrative Law Judge recommend a payout from the Recovery Fund in the amount of $30,000.00. Complainants’ attorney on the record accepted the settlement and agreed to withdraw their appeal. Therefore, pursuant to the settlement between the Registrar and Complainants and based on Respondent’s failure to appear for the duly noticed hearing, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date at 8:00 a.m. IT IS FURTHER ORDERED remanding this matter to the Registrar with the following two recommendations: (1) That the Registrar order the Residential Contractors’ Recovery Fund to pay $30,000.00 to Complainants Gottfried and Mary Schmidt under A.R.S. § 32-1132(A), and (2) That the Registrar charge this payout against Respondent Jon Jackson Construction Inc. dba White Hills Construction’s License No. ROC179380, Class B under A.R.S. § 32-1139(B). Done this day, June 23, 2010.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of June, 2010 to: William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012 Jon Jackson Construction Inc. dba White Hills Construction P.O. Box 1510 HC 37 White Hills, AZ 86413 Elizabeth Campbell, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007 Randal Studer, Esq. Law Offices of Paul Lenkowsky 1181 Hancock Rd. Bullhead City, AZ 86442

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

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