Vacate: Settlement Recommendation

2009A-7100167-ROC · Registrar of Contractors · 2011-08-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Recovery Fund Eligibility/Payout Hearing (“Notice of Hearing”) issued by the Registrar of Contractors (“Registrar”) in Case No. 2009-7100167, formerly RF10-0167, the above- entitled matter came on for hearing before the Office of Administrative Hearings, an independent agency, on July 13, 2011. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. Randy Jorden (“Complainant”) was represented by his attorney, Joe O’Connor, Esq. The Registrar was represented by Assistant Attorney General Elizabeth Campbell. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of an authorized representative for Piscina Pools, L.L.C. (“Respondent”). After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. After the commencement of the hearing, but prior to its conclusion, counsel for Complainant and the Registrar announced that the parties had reached a settlement agreement, the essential terms of which were read into the record. Pursuant to the settlement agreement, the Registrar shall commence and finalize payment procedures from the Residential Contractors’ Recovery Fund to Complainant in the amount of $14,000.00 for damages caused by Respondent. In view of the foregoing, IT IS ORDERED that the hearing be vacated from the calendar of the Office of Administrative Hearings and that the above-entitled matter be remanded to the Registrar.

Done this day, August 1, 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

Piscina Pools LLC 1430 W. 10th Pl Tempe, AZ 85281-5210

Joe O'Connor, Esq. 7047 E. Greenway Pkwy Suite 250 Scottsdale, AZ 85254

By _______________________________

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