Vacate: Settlement Recommendation

2011A-4376-ROC · Registrar of Contractors · 2011-12-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing was commenced on this date, at which Complainant Tamera Towne and Respondent PerfectPower, Inc. presented evidence. The evidence showed that the parties’ dispute did not involve workmanship and was entirely financial and involved contract interpretation. Respondent presented evidence to establish that since the complaint was filed in this matter, it has made changes to the form contract used in its business to fully comply with A.R.S. § 32-1158(B), mitigating the charged violation of A.R.S. § 32-1154(A)(13). A recess was called and after the recess, the parties informed the Administrative Law Judge that they had agreed to resolve their dispute through a financial settlement and recited the terms of their settlement on the record. 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 1, 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

Lynn Paige, CEO PerfectPower, Inc. 20601 N. 19th Ave. Ste. 150 Phoenix, AZ 85027-2662

Tamera Towne 6527 W. Palo Verde Ave. Glendale, AZ 85302-2810

By _______________________________

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