Vacate: Settlement Recommendation

2012A-438-ROC · Registrar of Contractors · 2012-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Complainant City of Yuma filed a complaint with the Arizona Registrar of Contractors (“the Registrar”) against Respondent Milholland Electric Az Inc. alleging that Respondent had performed an electrical installation without the required permit and that Respondent had submitted a forged permit to the original contractor. Pursuant to Complainant’s request, a videoconference hearing on the merits was scheduled on July 25, 2012, before the Office of Administrative Hearings (“the OAH”), an independent state agency. At the beginning of the hearing, the parties’ attorneys requested a recess to discuss settlement. After the recess, the parties’ stated that they had reached a settlement in principle and requested that the record be held open to allow Complainant’s attorney to submit a copy of the fully executed, final, written settlement agreement. On August 28, 2012, the parties submitted to the Registrar a Notice of Settlement and Withdrawal/Dismissal of Complaint that did not set forth the terms of the parties’ settlement. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Registrar with the recommendation that it be closed as resolved/settled/withdrawn. The parties’ settlement does not foreclose the Registrar from conducting its own investigation into Respondent’s alleged forgery, business practices, and possible violations of A.R.S. § 32- 1154(A)(7). Done this day, August 29, 2012.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of August, 2012 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Richard W. Files, Esq. Yuma City Attorney's Office City Plaza P.O. Box 13012 Yuma, AZ 85364-1436

Barry L. Olsen, Esq. Law Offices of Larry W. Suciu, P.L.C. 101 East 2nd St. Yuma, AZ 85364

By _______________________________

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