Vacate: Settlement Recommendation

2011A-3651-ROC · Registrar of Contractors · 2011-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On December 20, 2011, the parties appeared at the appointed time and place for hearing in this matter. Complainant’s sole proprietor Tim Kelley appeared on his own behalf. Respondent Thomas Achey appeared on his own behalf. The parties discussed the case off the record. On the record, the parties informed the Administrative Law Judge that they had reached agreement and did not need to continue the formal hearing process. Complainant agreed to withdraw the complaint in return for a total payment of $2,738.94 from Respondent. The payment is to be made in several parts. First, Respondent handed Complainant a check at the hearing for $1,300.00. Second, Respondent agreed to pay Complainant $1,000.00 on or before January 31, 2012. Finally, the parties stated that the remaining balance of $438.94 will be “worked out” between them. Respondent agreed to pay $2,738.94 to Complainant in the manner described in return for the withdrawal. 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withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.”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,

. . .

IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this 20th day of December 2011.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of December 2011 to:

Timothy Alan Kelley dba Pro Line Welding and Fabrication 3744 Cattail Dr. Lake Havasu City, AZ 86406

Thomas J. Achey L T Masonry Post Office Box 975 Lake Havasu City, AZ 86405-0975

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