ROC Vacate with Final Order

2013A-4587-ROC · Registrar of Contractors · 2014-02-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter was scheduled to convene on February 11, 2014, at 8:00 a.m. Assistant Attorney General Seth Hargraves represented the Registrar of Contractors. D. Keith Thomas appeared on behalf of Respondent Harrison Design Limited Liability Company. Based upon the record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the Registrar of Contractors and Respondent concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows:

i) The Registrar of Contractors rescinds Factual Allegation Number and Alleged Violation Count Three as set forth in the Citation and Notice of Hearing dated December 12, 2013. ii) Respondent admits to Factual Allegations 1 through 5 and Alleged Violations Counts One and Two as set forth in the Citation and Notice of Hearing dated December 12, 2013. iii) The parties stipulate to a 2-day suspension of Respondent’s License No. B-5.220403-R. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification.

Done this day, February 24, 2014.

/s/ Sondra J. Vanella Administrative Law Judge

Copy mailed/e-mailed/faxed February 24, 2014 to:

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

Harrison Design Limited Liability Company (LLC) 21556 East Roundup Court Queen Creek, AZ 85142-3289

Seth Hargraves Assistant Attorney General Office of the Attorney General 1275 West Washington Street Phoenix, AZ 85007-2926

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. 2013-4587, OAH 2013A-4587-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. 2013-4587, OAH 2013A-4587-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: February 24, 2014.

/s/ Sondra J. Vanella Administrative Law Judge

Copy mailed/e-mailed/faxed February 24, 2014 to:

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

Harrison Design Limited Liability Company (LLC) 21556 East Roundup Court Queen Creek AZ 85142-3289

Seth Hargraves Assistant Attorney General Office of the Attorney General 1275 West Washington Street Phoenix, AZ 85007-2926

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