ROC Vacate

2015A-4545-ROC · Registrar of Contractors · 2016-04-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date on the complaint for non-payment in violation of A.R.S. § 32-1154(A)(10) that Enrique Espinoza DBA: Espinoza’s Carpet (“Complainant”) had filed with the Registrar of Contractors (“the Registrar”) against Compass North Industries LLC (“Respondent”). At the hearing, the parties agreed to resolve their differences on the record. Complainant agreed to withdraw his complaint. Respondent’s written answer stated that because the work that Complainant performed involved manufacturing of boats, not contracting as defined in A.R.S. § 32-1101(A)(3), the Registrar lacked jurisdiction over Complainant’s claim for non-payment. Respondent’s representative testified to the same facts at the hearing. Complainant acknowledged that the work that he had performed involved upholstery in boats that Respondent manufactured at its plant at N. 51st Ave. and W. Van Buren in Phoenix. Therefore, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date at 8:00 a.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 with the recommendation that it be dismissed. Done this day, April 7, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed April 7, 2016 to:

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

Enrique Espinoza DBA: Espinoza’s Carpet 1745 N. Markdale Mesa, AZ 85201-2015

Tracey Goettl Compass North Industries LLC 525 N. 51st Ave. Ste. 110 Phoenix, AZ 85043-2714

By M.Aguirre

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