ROC Vacate

2014A-1244-ROC · Registrar of Contractors · 2016-01-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Registrar of Contractors (“the Registrar”) referred this matter to the Office of Administrative Hearings (“the OAH”) for an evidentiary hearing on the complaint that Rory Matthew Smith (“Complainant”) filed with the Registrar against Straightline Landscape, Inc. (“Respondent”). A hearing was scheduled on January 15, 2016, at 3:00 p.m. Shortly before the hearing, Respondent’s attorney filed a Notice of Settlement and Request to Vacate January 15, 2016 Hearing, informing the Administrative Law Judge (“ALJ”) that the parties had reached a tentative agreement. The ALJ issued an order vacating the hearing and scheduling a status conference on this date at which the parties could inform the ALJ whether they had consummated their settlement or whether they would need a hearing on the merits. Neither party appeared for the status conference or was available by telephone at the time set for the status conference. The ALJ was eventually able to contact Respondent’s attorney, who stated on the record that the written settlement still had not been finalized and that Respondent still had not paid Complainant the agreed-upon amount to settle the complaint. The OAH’s case load does not allow it to keep this matter on the docket without setting a hearing or a status conference. In light of both parties’ failure to keep the OAH apprised of the status of their settlement negotiations, IT IS ORDERED vacating the hearing on the merits that had been scheduled in this matter. 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. If the parties do not eventually consummate their settlement agreement, Complainant may ask the Registrar to reopen his complaint and to refer it back to the OAH for an evidentiary hearing. Done this day, January 21, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed January 21, 2016 to:

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

Mark J. Bainbridge, Esq. The Bainbridge Law Firm LLC 2122 E. Highland Ave Ste 250 Phoenix, AZ 85016-4779

Rory Matthew Smith 4308 E Sells Dr Phoenix AZ 85018-4263

By L. Barajas -----------------------

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