ROC Vacate

2015A-3182-ROC · Registrar of Contractors · 2016-05-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Jerry D May, | |No. 2015A-3182-ROC | | | | | |COMPLAINANT, | | | | | |ORDER VACATING | |v. | |HEARING ON THE MERITS | | | | | |Ameritop Inc., | | | |License No. CR42.226263-D | | | | | | | |RESPONDENT. | | | | | | | | | | |

Staff at the Office of Administrative Hearings contacted Jerry D. May (“Complainant”) for the status conference that had been scheduled on this date. Complainant stated that Ameritop Inc. (“Respondent”) had sent another contractor out and that the contractor had presented an invoice to place four nails in the siding on the soffits on Complainant’s garage. As discussed at the hearing, the Registrar of Contractors’ (“Registrar’s”) Investigator Arlo Houston testified that the May 13, 2016 hearing that he had performed a water test and that in his opinion, the roof showed no evidence of leaking and the improperly secured soffit was the last remaining workmanship deficiencies. As was discussed at the May 13, 2016 hearing and status conference on this date, the Registrar’s statutes require Respondent to provide a warranty that the roof will not leak for two years after the date that work is last performed and if the roof leaks in that time, Complainant may file a new complaint with the Registrar. Because at this time, no further issues remain for hearing, IT IS ORDERED vacating the any hearing on the merits that could be 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. Done this day, May 27, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed May 27, 2016 to:

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

Lech Boltryk Ameritop Inc 4814 S Equestrian Ave Sierra Vista AZ 85650-9745

Jerry D May 1665 Via Riata Sierra Vista AZ 85635-4645

By M.Aguirre

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

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