Order Holding Record Open

2016A-3265-ROC · Registrar of Contractors · 2017-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

At the further hearing on January 25, 2017, S and L Millennium Electrical Contractors, LLC (“Complainant”) presented evidence that Happy Family Contracting, LLC’s (“Respondent’s”) workers’ compensation insurer had waived any back-charge based on Complainant’s alleged failure to obtain workers’ compensation insurance coverage for the job at issue in Complainant’s claim for non-payment. Respondent acknowledged that the waiver removed any defense that it had to the claim and agreed to pay Complainant $16,500.00 by cashier’s or certified check. A status conference was scheduled on this date to ensure that Complainant received the payment that was acknowledged to be due. Before the status conference, Complainant’s representative informed the Office of Administrative Hearings that Respondent had paid Complainant by personal check and that he was not willing to withdraw the claim until the check cleared. Neither party’s representative requested to appear telephonically or appeared personally at the status conference. Therefore, IT IS ORDERED holding the record open in this matter until February 8, 2017, at 5:00 p.m. to allow Respondent’s personal check to clear. If Complainant provides written evidence that the check was dishonored by Respondent’s bank, the Administrative Law Judge will recommend that the Registrar suspend Respondent’s license until it provides written proof that it has paid Complainant by certified or cashier’s check. Done this day, February 1, 2017. /s/ Diane Mihalsky Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile February 1, 2017 to:

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

Samuel Matche S and L Millennium Electrical Contractors 27414 N 22nd Ln Phoenix AZ 85085-3779

Ivan John Vucichevich Happy Family Contracting, LLC PO Box 86278 Phoenix AZ 85080-6278

By M. Johnson

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