Vacate: Settlement Recommendation

2010A-1525347-ROC · Registrar of Contractors · 2011-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Tri City Surgery Center, | |Nos. 2010A-1533099-ROC | | | |and 2010A1525347-ROC | |COMPLAINANT, | |(Consolidated) | | | | | |-v- | | | | | |ORDER VACATING | |License No. L-8.86660-C of | |HEARING Re: SETTLEMENT | |Floors Unlimited, Inc., | | | | | | | |RESPONDENT. | | | | | | | | | | | |Tri City Surgery Center, | | | | | | | |COMPLAINANT, | | | | | | | |-v- | | | | | | | |License No. B-2.205515-C of | | | |Silver City Restoration, Inc., | | | | | | | |RESPONDENT. | | | | | | |

A hearing was commenced on this date, at which all three parties’ representatives testified and submitted evidence. The Registrar’s inspector also testified. After a recess, the parties’ representatives informed the Administrative Law Judge that they had reached a settlement, the essential terms of which were read onto the record. Because the terms of the settlement were fair, reasonable, and voluntarily made by all three parties, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date. IT IS FURTHER ORDERED remanding these consolidated matters under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors for further action. Done this day, January 6, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

Melissa Hobbs, R.N. Administrator Tri City Surgery Center 5430 Distinction Way Prescott, AZ 86301-8437

John Marsh, President Floors Unlimited, Inc. 3581 W. Northern Ave. Ste. 8 Phoenix, AZ 85051-9404

Ken Pierce, President Silver City Restoration, Inc. 27602 N. 31st Ave. Phoenix, AZ 85083-8600

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

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