Vacate: Settlement Recommendation

2010A-20273866-ROC-com · Registrar of Contractors · 2011-08-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for a compliance hearing before the Office of Administrative Hearings, an independent agency, on August 17, 2011, at 8:00 a.m. Roberta Gotlieb appeared personally and was represented by her attorney, Megan Lennox, Esq. Arizona Property and Development, L.L.C. was represented by its authorized representative, Anthony Gutierrez. At the commencement of the hearing, the parties announced that they had reached a settlement agreement, the essential terms of which were read into the record. The parties’ settlement agreement contains the following terms: 1. Respondent shall pay Wolfgang’s Cooling and Heating Corp. (“Wolfgang”) to perform ductwork at Complainant’s residence based upon Wolfgang’s bid in the amount of $4,945.91. 2. Respondent shall pay Bankers the sum of $350.00 for insulation for Complainant’s residence. 3. Respondent shall pay Cook Bros. the sum of $8,675.93 for remediation work, plus an additional amount for item number 10 of Cook Bros.’ bid. 4. Respondent shall pay the sum of $7,002.04 to Gainey Village Dry Cleaners for dry cleaning services provided to Complainant. 5. Respondent shall pay the sum of $200.00 to McFarland Cleaning for rug cleaning services provided to Complainant. 6. Respondent shall pay the sum of $750.00 to Russell Olinsky for post-remediation testing. 7. Respondent will get bids for performing the removal of Complainant’s acoustic/asbestos ceilings. Complainant may reject the selected subcontractor hired to perform that work based upon the subcontractor’s qualifications. 8. Respondent will pay for the removal of Complainant’s acoustic/asbestos ceilings. Respondent will pay for testing after that work is completed. Complainant will pay for re- texturing and repainting the ceilings.

In view of the foregoing, IT IS ORDERED that the compliance hearing in this matter be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the Registrar of Contractors for further action. Done this day, September 2, 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

Arizona Property and Development LLC 11435 W. Buckeye Rd Ste 104-421 Avondale, AZ 85323-6812

Megan I. Lennox, Esq. Bryan Cave, L.L.P. Two North Central Avenue, Suite 2200 Phoenix, AZ 85004-4406

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

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