Vacate: Settlement Recommendation

2009A-7091076-ROC · Registrar of Contractors · 2010-05-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date at 8:00 a.m. pursuant to the Notice of Recovery Fund Payout Hearing issued by the Registrar of Contractors (“the Registrar”) and mailed to both parties at their addresses of record. The Registrar had previously determined based on Defendant’s default in Case No. 08-3204 that it had violated A.R.S. § 32-1154(A)(7), (18), (23), and (3) (namely A.A.C. R4-9-108) in the improvements it had constructed at Plaintiff’s property at 43311 N. 18th St., Phoenix, Arizona 85087. The hearing had been scheduled at Plaintiff’s request after the Registrar initially determined that Plaintiff’s claim was ineligible for a payout from the Residential Contractors’ Recovery Fund (“the Fund”) under A.R.S. § 32-1132(A) because Plaintiff had not established that the property was “class three property under section 42-12003 and which is actually occupied or intended to be occupied by the owner as a residence . . .” as required by A.R.S. § 32-1131(3). Although the beginning of the duly noticed hearing was delayed twenty minutes to allow Defendant additional travel time, it did not appear through a duly authorized member, employee, or attorney, 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, and did not present any evidence to defend against a payout in any amount from the Fund. At the beginning of the hearing, the Registrar’s attorney informed the Administrative Law Judge that Plaintiff had produced evidence that he had corrected an erroneous property classification by the county recorder and that, as a result, she had determined that the Plaintiff’s claim was eligible for a payout from the Fund in the amount of $7,200.00. Plaintiff agreed on the record to accept a payout from the Fund in the amount of $7,200.00 to compensate him for the damages caused by Defendant’s statutory violations established in Case No. 08-3204. Therefore, pursuant to Plaintiff’s and the Registrar’s attorney’s agreement and representations, 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 under A.A.C. R2-19- 111(3) to the Director of the Registrar with the recommendation that the Registrar order the Fund to pay $7,200.00 to Plaintiff David Matusow. It is further recommended that, pursuant to A.R.S. § 32-1139(B), the Registrar not reinstate Respondent Arizona Elite Restoration Services LLC’s License No. ROC177346, Class B- or issue any license to any person listed on the license until they reimburse the Fund for the amount of this payout plus interest at a rate of ten percent per year. Done this day, May 26, 2010.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of May, 2010 to: William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Elite Restoration Services L L C dba Arizona Elite Restoration Service 2070 E. Remington Place Chandler, AZ 85249

David Matusow 43311 N 18th St. Phoenix, AZ 85087

Elizabeth A. Campbell, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007

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

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