Vacate: Settlement Recommendation

2011A-3035-ROC · Registrar of Contractors · 2011-10-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On October 4, 2011, the parties appeared at the appointed time and place for hearing in this matter. Complainant was represented by its principals Joan and Donald Dizney, President and Vice President. Respondent was represented by its President and Qualifying Party Charles Wiltbank. During the beginning phase of the hearing, the parties reached agreement and did not need to continue the formal hearing process. Complainant agreed to withdraw the complaint, in return for a payment of $6,732.00 from Respondent. Respondent agreed to pay $6,732.00 to Complainant in return for the withdrawal. Furthermore, Respondent agreed to pay an initial payment of $1,680.00 by noon on October 7, 2011, and then a second payment of $1,052.00 on or before the 7th of November 2011, and then four payments of $1,000.00 due on or before the 7th day of each month beginning December 2011. The last payment will be made on or before March 7, 2012. In addition, Respondent stated that the money owed does not pertain to the residential license or any residential work. On October 11, 2011, Complainant confirmed by fax to this tribunal that Complainant had made the initial payment on October 4, 2011. The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement and Complainants’ withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Good cause appearing, and based on withdrawal of the complaint due to settlement, IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this 21st day of October 2011.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of October 2011 to:

Blue Dot Steel AND Supply Inc PO Box 12625 Scottsdale AZ 85267-2625

Trojan Concrete Inc dba Trocon 383 West Cullumber Gilbert, AZ 85233

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

By ___________________________ -----------------------

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