ROC Vacate

2016A-2534-ROC · Registrar of Contractors · 2016-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BFH Investments LLC, | |No. 2016A-2534-ROC | | | | | |COMPLAINANT, | | | | | |ORDER VACATING | |v. | |HEARING ON THE MERITS | | | | | |Candelario Mendoza dba, | | | |Mendoza Landscape and Irrigation, | | | |License No: 209083 | | | | | | | |RESPONDENT. | | | | | | |

A hearing on the merits had been scheduled on October 13, 2016. Both parties’ representatives appeared at the hearing. After the Registrar of Contractors’ (“the Registrar’s”) investigator testified, the parties discussed resolving their dispute off the record. After the Administrative Law Judge (“ALJ”) went back on the record, the parties’ representatives stated that they had reached a settlement and memorialized their settlement agreement in a writing about payments that Respondent would make to Complainant, which was added to the Office of Administrative Hearings’ (“OAH’s”) electronic record. A status conference was scheduled on this date to allow Complainant to request a further hearing on the merits if Respondent did not fully perform the settlement agreement. Neither party appeared for the status conference and neither party’s representative answered calls placed by OAH staff to their telephone numbers of record. Because the ALJ infers that the parties have fully consummated their settlement agreement, IT IS ORDERED vacating any further hearing on the merits that could have 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 Registrar for further action. Done this day, December 16, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed December 16, 2016 to:

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

BFH Investments LLC, Brett Hoover 6001 W Park View Ln Glendale AZ 85310-2776

Candelario Arieola Mendoza Mendoza Landscape and Irrigation (INDIV) 15845 N Jerry St Surprise AZ 85378-4145

By -----------------------

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

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