Vacate: Settlement Recommendation

2010A-308476824-ROC · Registrar of Contractors · 2011-05-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date. At the beginning of the hearing, the parties’ representatives requested a recess to discuss their differences privately. After the recess, the parties’ representatives confirmed that they had reached a settlement, the essential terms of which were read onto the record. Pursuant to the settlement, Complainants agreed to withdraw their complaint and Respondent agreed that the complaint should be closed. The Administrative Law Judge notes that the record in this matter shows that this construction project was contentious and that Complainants rebuffed Respondent’s earlier reasonable attempts at resolution. Respondent’s actions throughout the dispute were ethical and professional, and the fact of settlement should not reflect poorly on Respondent. Therefore, IT IS ORDERED vacating the remainder of 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the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as resolved, settled, or withdrawn. Done this day, May 20, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

Carlson Brooke Eby Eby Custom Remodeling and Building 11771 N. 1st Ave. Oro Valley, AZ 85737-8787

Guy W. Bluff, Esq. Bluff & Associates, P.C. 844 N. 4th Ave. Phoenix, AZ 85003-1314

By _______________________________

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