Vacate: Settlement Recommendation

2011A-2731-ROC · Registrar of Contractors · 2011-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits was commenced on this date. At the beginning of the hearing, the parties requested a recess to attempt to resolve their dispute. After the recess, the parties stated that they had reached a settlement, the terms of which were recited onto the record. Complainant agreed to withdraw her complaint and to request that the Registrar of Contractors dismiss it. A review of the record reveals that Complainant’s complaint did not involve workmanship but, instead, alleged that Respondent had failed to provide the documentation that would qualify her to receive a tax rebate. The record also reveals that as soon as the Registrar called potential violations of A.R.S. §§ 32-1124(B) and 32-1158(B) to Respondent’s attention, it submitted documentation to establish that it had remedied the violations. Finally, Respondent stated at the hearing, without contradiction, that it had paid to Complainant the majority of the financial settlement to which the parties agreed at the hearing more than two months earlier. 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 to the Director of the Arizona Registrar of Contractors with the recommendation that it be dismissed. Done this day, December 20, 2011.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of December, 2011 to: William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012 Mary Black P.O. Box 39510 Phoenix, AZ 85069-9510 Michael A. Schern, Esq. Schern Richardson, P.L.C. The Stapley Center Suite 132 Mesa, AZ 85204

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

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