Vacate: Settlement Recommendation

2011A-1088-ROC · Registrar of Contractors · 2011-09-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date. Complainant Brian Smith appeared on his own behalf, with his wife and family. Respondent Skinny Dipping Pools, Inc. was represented by Frederick Charles Thomas, Esq., Smith Craven, P.L.L.C. Respondent’s qualifying party and officer, Charles Leopold Overton, and representatives of various subcontractors also appeared. At the parties’ request, the Administrative Law Judge called a lengthy recess, during which the parties attempted to resolve their differences. The Registrar of Contractors’ inspector, Jim Dimond, also appeared and helped the parties understand their options. Following the recess, the parties informed the Administrative Law Judge that they had reached a settlement and recited onto the record the essential terms of their settlement agreement. 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the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as resolved, settled, or withdrawn.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, September 27, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of September, 2011 to:

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

Frederick Charles Thomas, Esq. Smith Craven, P.L.L.C. 5450 E. High St., Ste. 300 Phoenix, AZ 85054-5479

Chuck Overton Skinny Dipping Pools, Inc. 1721 W. Michigan Ave. Phoenix, AZ 5023-1312

Brian Smith 2521 W Shinnecock Way Anthem AZ 85086-3016

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

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