Vacate: Settlement Recommendation

2010A-7100554-ROC · Registrar of Contractors · 2011-07-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing before the Office of Administrative Hearings, an independent agency, pursuant to the Notice of Recovery Fund Eligibility/Payout Hearing. Mary E. Rasar (“Complainant”) appeared personally. Olympic Capital Construction, Inc. did not appear. The Registrar of Contractors (“Registrar”) was represented by Assistant Attorney General Christopher Munns. The Registrar denied Complainant’s claim for an administrative payout from the Residential Contractors’ Recovery Fund (“Fund”) for a property located at 2113 Pescador Drive, Mohave Valley, Arizona. Complainant never owned that property. The Registrar denied Complainant’s claim because the underlying disciplinary case between the parties, Case No. L05-0456, related to a property located at 2070 Pescador Drive, Mohave Valley, Arizona. That property is not subject to Complainant’s present claim. After the commencement of the hearing, but prior to its conclusion, Complainant and counsel for the Registrar announced a settlement agreement, the essential terms of which were read into the record. The parties agreed to remand this matter to the Registrar so that it can process Complainant’s claim for the residence located at 2070 Pescador Drive, Mohave Valley, Arizona.

In view of the foregoing, IT IS ORDERED that the hearing be vacated and that the above-entitled matter be remanded to the Registrar pursuant to the settlement agreement. Done this day, July 25, 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

Mary E. Rasar 16450 Pinyon St Lake Elsinore, CA 92530-7062

Olympic Capital Construction Inc P.O.Box 11233 Fort Mohave, AZ 86427-1233

Olympic Capital Construction Inc 2146 Moonridge Lane Fort Mohave, AZ 86426

Christopher Munns, Esq. Assistant Attorney General Office of the Attorney General 1275 W. Washington Phoenix, AZ 85007

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

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