Vacate: Settlement Recommendation

2011A-6006-ROC · Registrar of Contractors · 2012-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Elizabeth Morey MacDonald | |No. 2011A-6006-ROC | | | | | |COMPLAINANT | | | | | | | |-v- | | | | | | | |License No. K-42.269776-D of | |ORDER VACATING | |AmRest Roofing LLC | |HEARING RE: SETTLEMENT | | | | | |RESPONDENT | | | | | | |

On April 2, 2012, the parties appeared at the appointed time and place for hearing in this matter. Complainant appeared on her own behalf. Respondent was represented by Member and Qualifying Party Timothy J. Emkow. At the start of the hearing, Complainant informed the tribunal that only one item on the Corrective Work Order (“CWO”) in this matter was left for correction: Item 3 concerning shingle fasteners. Respondent did not challenge that statement. After discussing the matter with ROC Inspector Beau Cruz off 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. Respondent agreed to make corrections, on or before April 16, 2012, to the approximately 12 exposed staples identified by Inspector Cruz as still in need of correction. 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withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.”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 the settlement agreement, . . .

. . .

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

Done this 2nd day of April 2012.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of August 2009 to:

Elizabeth Morey MacDonald 503 N Loma Vista Mesa AZ 85213-7844

AmRest Roofing LLC 9865 E 116th St Fishers IN 46037

AmRest Roofing LLC 441 S. 48th Street, Ste.106 Tempe, AZ 85281-2303

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