Vacate: Settlement Recommendation

2010A-308474225-ROC · Registrar of Contractors · 2011-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On January 28, 2011, the parties appeared at the appointed time and place for hearing in this matter. Complainants were represented by attorney Kevin Nelson. Respondent was represented by attorney Fred Gamble, accompanied by Qualifying Party Chester Marvin. ROC Inspector Beau Cruz was also present. This matter concerns a three-panel folding glass door system installed by Respondent. After opening statements and a chance to talk off the record, the parties informed the Administrative Law Judge that they had reached agreement and did not need to continue the formal hearing process. Respondent agrees to remove the existing door system with as little damage to the system and the flooring as possible. The parties will coordinate with each other regarding any possible damage that might occur during removal. Respondent also agrees to order and install a new door system from the same manufacturer that fits the existing opening. Respondent will provide Complainants with documentation as to the cost of the new door system. The parties agree that the old door system shall be the property of Complainants. In exchange for those promises, Complainants agree to withdraw the complaint and to pay Respondent, upon installation of the new door system, the remaining balance on the existing contract as well as half of the cost of the new door system. Complainants will not pay a total amount more than $10,400.00. The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement and Complainants’ withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Good cause appearing, and based on withdrawal of the complaint, IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this day, January 28, 2011.

_________________________________ Eric A. Bryant 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

Kevin P. Nelson Tiffany & Bosco P.A. 2525 E. Camelback Road Floor 3 Phoenix, Arizona 85016

Frederick G. Gamble, Esq. 2800 South Mill Avenue, Suite 201 Tempe, AZ 85282-3645

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

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