Vacate: Settlement Recommendation

2012A-588-ROC · Registrar of Contractors · 2012-10-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Respondent M J M Construction has submitted to the Registrar of Contractors (“the Registrar”) a copy of a fully executed settlement agreement in which Complainant Janice Walker agreed to accept Respondent’s payment of monies sufficient to hire a licensed contractor to perform repairs to comply with the Corrective Work Order that the Registrar issued in this matter to resolve her Complaint with the Registrar. Although the Settlement Agreement provided that upon completion of repairs by the alternate contractor, Complainant may request a “compliance inspection,” the Administrative Law Judge notes that Respondent’s only obligation under the settlement agreement and applicable contracting statutes is to pay the alternate contractor the agreed-upon sum. If Complainant does not find the alternate contractor’s repairs to be satisfactory, she may file a workmanship complaint with the Registrar regarding the alternate contractor’s repairs. Nonetheless, because the parties have agreed to resolve Complainant’s complaint against Respondent, IT IS ORDERED vacating this matter from the docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as resolved/settled/withdrawn. Done this day, October 15, 2012.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed October 15, 2012 to:

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

Craig E. Collins, Esq. Craig Collins Law Office, LLC 13912 W. Stardust Blvd, #100 Sun City West, Az. 85375 [email redacted]

Janice Walker 4034 W Aster Dr Phoenix AZ 85029-1978 [email redacted]

By: Cruz Serrano

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