Vacate

2011A-2109-ROC · Registrar of Contractors · 2011-08-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Hearing in Case No. 2011-2109, the above-entitled matter came on for an evidentiary hearing before the Office of Administrative Hearings, an independent agency. R K Sanders, Inc. (“Complainant”) was represented by its authorized representative, Bob Sanders. Architectural Millwork Design, Inc. (“Respondent”) was represented by its authorized representative, Jim Goergen. The issues in the above-entitled matter were previously litigated by the parties on a complaint filed by Respondent against Complainant in Registrar of Contractors’ Case No. 2010-30847707. Mr. Sanders confirmed at the hearing in the above-entitled matter that the issues were identical in both cases. On August 1, 2010, the Registrar issued an Order in Case No. 2010-30847707 that adopted the Administrative Law Judge Decision. That Order is a final judgment in Case No. 2010-30847707. Therefore, Complainant is collaterally estopped from re-litigating those identical issues in the above-entitled case. See Arizona Downs v. Superior Court of Ariz. 128 Ariz. 73. In view of the foregoing, IT IS ORDERED that the above-entitled matter be vacated from the calendar of the Office of Administrative Hearings and that it be remanded to the Registrar of Contractors for further action.

Done this day, August 22, 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

R K Sanders, Inc. P.O. Box 6686 Phoenix, AZ 85005-6686

Architectural Millwork Design, Inc. 330 West Melinda Lane Phoenix, AZ 85027-2926

By _______________________________

-----------------------

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