ROC Vacate with Final Order

2012A-4532-ROC · Registrar of Contractors · 2013-09-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The parties appeared for further hearing in this matter on September 25, 2013. After taking testimony from both parties and the assigned ROC Inspector, the parties discussed settlement and came to the following terms: 1. Respondent agrees to return the money that Complainants have paid on this project, which totals $9,700.00.

2. Complainants agree to allow Respondent to make payments to pay the $9,700.00, according to the following schedule:

a. Respondent shall make an initial payment of $2,000.00 no later than October 25, 2013.

b. Beginning November 25, 2013, Respondent shall make a monthly payment of $1,100.00 by the 25th day of each month for seven months (for a total of $7,700.00). The final payment of $1,100.00 shall be made by May 25, 2014.

3. During the payment period, Respondent will not remove the cabinetry, sinks, or tub from the home. Respondent may remove those items after final payment is made and when Complainants are ready for the removal to be made. Respondent will perform the removal of the items and will comply with workmanship standards during the removal.

4. Respondent will immediately (as of September 25, 2013) arrange and pay for a plumber to install and hook up the Master bathroom sinks and tub for Complainant’s use during the payment period.

5. The parties will work out any other concerns or details in a mutually agreeable fashion.

The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Good cause appearing, IT IS ORDERED vacating the hearing in this matter in accordance with the parties’ settlement.

Done this day, September 25, 2013.

/s/ Eric A. Bryant Administrative Law Judge

Copy mailed/e-mailed/faxed September 25, 2013 to:

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

Rachel Kline & Ryan Unruh 2490 W Yowell Ct Unit 48 Yuma AZ 85364-1734 [email redacted] [email redacted]

Nathaniel David Darnell Jr. D W D Construction 13461 S Avenue B Yuma AZ 85365-8057 [email redacted]

By: Cruz Serrano IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to Paragraph 5.0 of Interagency Service Agreement ROC-001, entered into by the Registrar of Contractors (Registrar) and the Office of Administrative Hearings (OAH)[1],

Case No. 2012-4532, OAH 2012A-4532-ROC , having been vacated short of a hearing on the merits as the result of (1) an executed settlement agreement, (2) a joint stipulation to withdraw, or (3) a joint notice of resolution,

IT IS ORDERED that Case No. 2012-4532, OAH 2012A-4532-ROC , be closed as resolved/settled/withdrawn, with such closing constituting the further action of the Registrar for the purposes of A.A.C. R2-19-111(1)[2], and so reflected by the Registrar on its website as its administrative action.

Done this day: September 25, 2013.

/s/ Eric A. Bryant Administrative Law Judge

Copy mailed/e-mailed/faxed September 25, 2013 to:

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

Rachel Kline & Ryan Unruh 2490 W Yowell Ct Unit 48 Yuma AZ 85364-1734

Nathaniel David Darnell Jr. D W D Construction 13461 S Avenue B Yuma AZ 85365-8057

By: Cruz Serrano ----------------------- [1] http://www.azoah.com/ROC001.pdf

[2] R2-19-111. Vacating a Hearing An administrative law judge shall vacate a calendared hearing and return the matter to the agency for further action, if : 1. The parties agree to vacate the hearing.

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