ROC Vacate

2013A-1160-ROC-RF · Registrar of Contractors · 2017-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date on the issue of whether Cindy J. Schulz (“Complainant”) is eligible to make a claim to the Residential Contractors’ Recovery Fund (“the Fund”). The Registrar of Contractors (“the Registrar”) initially determined that Complainant is not eligible because her father owned the residence and contracted with James Ralph Tanner DBA Az Mex Contracting (“Respondent”) to perform the work that is the subject of Complainant’s claim. Complainant’s father has subsequently died and his estate has passed to Complainant. The parties agreed that this matter should be remanded to the Registrar of Contractors (“the Registrar”) to allow Complainant to make a claim to the Fund as her father’s personal representative or heir and the Registrar to initially determine whether Complainant would be eligible to make a claim to the Fund in those capacities. When the Registrar makes that initial determination, if Complainant and Respondent disagree, they may request that the Registrar refer the matter to back the Office of Administrative Hearings for a hearing on Complainant’s eligibility or the amount of her compensable damages. 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(4) to the Director of the Arizona Registrar of Contractors for further action. Done this day, January 10, 2017.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed January 10, 2017 to:

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

Thomas Raine, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926 [email redacted]

Cindy J. Schulz 10001 N. 16th Ave. Phoenix, AZ 85021-2110

James Ralph Tanner AZ Mex Contracting 10201 N. 19th Ave. Phoenix, AZ 85021

By M. Johnson

-----------------------

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