Vacate
2016A-122-ROC · Registrar of Contractors · 2016-12-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|Kenneth M Pellerin, | |No. 2016A-122-ROC | |COMPLAINANT, | | | | | | | |v. | |ORDER VACATING | | | |HEARING | |Petersen Dean Inc dba, | | | |Petersen Dean , | | | |License No: 235685, 245042 and | | | |262480 | | | |RESPONDENT. | | | | | | |
A hearing in this matter was held on August 9, 2016. Following the hearing, it appeared the parties may be able to resolve the complaint, and the parties were given an opportunity to engage in settlement discussions. Respondent performed some corrective work and made monetary payments to Complainant to resolve the matters raised in the complaint and the written directive. The most recent communications from Complainant indicated that they had received a refund for the JLM Energizr unit and an amount to apply toward the repainting of the house and that there had been no issue with the breakers tripping since the last on-site troubleshooting. In those communications, Complainant asserts that he should be reimbursed for interest that accrued following the installation of the solar system when the system was not functioning properly. As the Registrar of Contractors (Registrar) does not have jurisdiction to award damages, including interest, no issues remain that the Registrar may address. Therefore, IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar for further action. Done this day, December 12, 2016.
/s/ Tammy L. Eigenheer Administrative Law Judge
Copy mailed/e-mailed/faxed December 12, 2016 to:
Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007
Kenneth M Pellerin 20383 W Springfield St Buckeye AZ 85396-3544
Ron Lauter Skane Wilcox LLP 1230 Columbia Street, Suite 800 San Diego, CA 92101
By M.Aguirre
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Office of Administrative Hearings 1400 Westࠀࠨࠩ࠱࠲࠳࠷࠸ࡀࡁࡂࣕࣛࣨ࣪ँईટઠદଯଳஒ Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826