Vacate: Settlement Recommendation

2011A-2727-ROC · Registrar of Contractors · 2011-11-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing in this matter had been scheduled on this date on the charged violations of A.R.S. § 32-1154(A)(11) and (17). At the hearing, John M. Cowan (“Complainant”) moved to dismiss the charged violation of A.R.S. § 32-1154(A)(11) because on Saturday, November 5, 2011, he had received the full amount of the $5,301.03 justice court judgment from Ingenious, L.L.C. dba Ingenious Remodeling (“Respondent”). Complainant elected not to present any evidence to support the charged violation of A.R.S. § 32-1154(A)(17). Respondent’s representative denied the charged violation of A.R.S. § 32-1154(A)(17) and characterized Complainant as a disgruntled former employee, but did not dispute that Complainant had obtained a judgment against Respondent for past due wages, attorney’s fees, and costs. Therefore, pursuant to the parties’ settlement, 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 the charged violation of A.R.S. § 32-1154(A)(17) be dismissed. Done this day, November 7, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

Brian Bondi, President Ingenious, L.L.C. dba Ingenious Kitchen and Bath Remodeling 4910 E. Elliot Rd Ste 100 Phoenix, AZ 85044-4316

John M. Cowan 4981 E. Michigan Ave Glendale, AZ 85308-1423

By _______________________________

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