ROC Vacate with Final Order

2013A-5021-ROC · Registrar of Contractors · 2014-02-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Minute Entry – Granting Continuance issued by the tribunal on December 20, 2013, the above-entitled matter came on for hearing on February 11, 2014, at 8:00 a.m. Wallace Drywall, Inc. was represented by its attorney, John G. Ryan, Esq., who appeared telephonically. The Registrar of Contractors was represented by Assistant Attorney General Michael D. Raine, Esq. At the commencement of the hearing, the parties’ counsel announced that a settlement had been reached, the essential terms of which were read into the record. The parties stipulated to the following: 1. On August 14, 2009, the Registrar of Contractors issued License No. L-27.258117-C to Wallace Drywall, Inc. 2. On September 16, 2011, ownership of Wallace Drywall, Inc. was transferred to Michael John Wallace, the son of the prior owners. 3. Michael John Wallace was listed on the renewal license application for Wallace Drywall, Inc. 4. Michael John Wallace was previously the qualifying party for XXXX, LLC, dba Wall Construction, the holder of License No. L- 27.199515-C. 5. On May 11, 2011, the Registrar revoked License No. L-27-199515-C in Case No. 2010-[number redacted]. 6. Pursuant to A.R.S. § 32-1161(C), a person named on a revoked license cannot obtain licensing without waiting one year from the date of the revocation and upon a proper showing that all loss caused by the act giving rise to the revocation has been fully satisfied. 7. The parties agreed that License No. L-27.258117 would be issued. If Wallace Drywall, Inc. does not provide the Registrar of Contractors with proof that all loss caused by the act giving rise to the revocation in Case No. 2010-[number redacted] has been cured days from February 11, 2014, then License No. L-27.258117 shall be placed on suspension until Wallace Drywall, Inc. provides proof to the Registrar of Contractors that the loss has been fully cured.

In view of the foregoing, IT IS ORDERED that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the Registrar of Contractors for any further action. Done this day, February 28, 2014.

/s/ Brian Brendan Tully Administrative Law Judge

Copy mailed/e-mailed/faxed February 28, 2014 to:

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

Michael D. Raine, Esq. Office of the Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926

John G. Ryan, Esq. Ryan Rapp & Underwood PLC 3200 N. Central Ave., Ste. 1600 Phoenix, AZ 85012-2424

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. 2013-5021, OAH 2013A-5021-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. 2013-5021, OAH 2013A-5021-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 28, 2014.

/s/ Brian Brendan Tully Administrative Law Judge

Copy mailed/e-mailed/faxed February 28, 2014 to:

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

Michael D. Raine, Esq. Office of the Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926

John G. Ryan, Esq. Ryan Rapp & Underwood PLC 3200 N. Central Ave., Ste. 1600 Phoenix, AZ 85012-2424

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