Vacate: Settlement Recommendation

2011A-3604-ROC · Registrar of Contractors · 2011-12-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits was commenced on this date. At the hearing, Complainant Lola Kelley and Respondent James Benjamin Harlan dba Harlan and Son Construction agreed to settle their dispute Mr. Harlan paying $100.00 to Mrs. Kelley for the cost of a building permit from the City of Scottsdale so that she could arrange an inspection by a City of Scottsdale building inspector of Mr. Harlan’s and Dennis John O’Malley dba D and G Roofing’s work at Mrs. Kelley’s residence. Kelley agreed to withdraw her complaint to the Registrar of Contractors. Mr. Harlan and Mrs. Kelley expressly agreed that their settlement of Mrs. Kelley’s complaint to the Registrar would have no effect whatsoever on Mrs. Kelley’s pending action against Mr. Harlan and Mr. O’Malley in small claims court and that Mr. Harlan’s payment would not reduce any damages that may be awarded to Mrs. Kelley against him in the small claims court action. Although Mr. Harlan admitted that Respondent violated A.R.S. § 32- 1154(A)(2) by performing work even though a necessary permit had not been obtained for the job, the parties’ dispute was financial and did not involve workmanship. Mr. O’Malley, not Mrs. Kelley, hired Mr. Harlan for the job at Mrs. Kelley’s residence. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter the Director of the Arizona Registrar of Contractors with the recommendation that it be dismissed. Done this day, December 5, 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

Lola Kelley 8738 E. Valley Rd. Scottsdale, AZ 85250-6755

James Benjamin Harlan dba Harlan & Son Construction 17034 N. 37th St. Phoenix, AZ 85032-2118

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

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