Vacate: Settlement Recommendation

2012A-4727-ROC · Registrar of Contractors · 2013-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date on Complainant East Valley Masonry’s Complaint against Respondent J T Sotomayor Construction Affordable Materials Inc. for nonpayment in violation of A.R.S. § 32-1154(A)(11). At the parties’ representatives’ request, a recess was called to allow them to discuss their differences. At the end of the recess, the parties’ representatives informed the Administrative Law Judge that they had agreed to a settlement, and stated the following terms on the record: (1) Respondent agreed to take Complainant’s representative to its bank and pay the amount that the parties agreed was due immediately after the hearing; (2) Complainant agreed to withdraw the Complaint that it had filed with the Registrar of Contractors (“the Registrar”); (3) Respondent agreed that the Complainant could be closed. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Registrar that it be closed as resolved/settled/ withdrawn. Done this day, July 8, 2013.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed July 8, 2013 to:

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

Roy Shields East Valley Masonry 8712 E Main St Mesa, AZ 85207-8609

John Sotomayor J T Sotomayor Construction Affordable Materials Inc. 15312 S 229th St Mesa, AZ 85212-8908

By L. Barajas

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