PDF copy: Vacate

2017A-3916-CHC-ROC · Registrar of Contractors · 2018-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

David Allen Warren, No. 2017A-3916-CHC-ROC

COMPLAINANT, ORDER VACATING HEARING v.

Maracay Construction LLC, License No: 172120, 279852

RESPONDENT

The Arizona Registrar of Contractors is in receipt of the parties’ Stipulation to Dismiss Claimant David Warren’s complaint against Maracay Construction, LLC. Based upon the Stipulation it appears hearing on February 20, 2017 is no longer necessary. It is noted that the Stipulation intends the ALJ Dismiss this matter with prejudice as to Claimant and Respondent and that the ALJ award costs and attorney fees to be divided among the parties. The Office of Administrative Hearings and the ALJ in this matter serve only in a fact-finder capacity for the ROC. Awarding of attorney fees and costs are beyond the scope of authority for the ALJ in this case. Moreover, the ALJ defers to the Registrar of Contractors to determine whether or not to dismiss the Complaint with prejudice as has been requested by the parties’ joint Stipulation to Dismiss. Good cause appearing, is hereby ORDERED vacating the February 20, 2018 evidentiary hearing from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar of Contractors for such further action the Registrar may determine to necessary.

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826 Done this day, February 5, 2018.

/s/ Randy Wolfson Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile February 5, 2018 to:

Zahnie Soe-Myint, Esq. KOELLER NEBEKER CARLSON & HALUCK LLP One E. Washington St., Ste. 400 Phoenix, AZ 85004 Counsel for Maracay Construction, LLC

Kenneth W. Welsh, Jr., Lisa I. Streu, WELSH LAW GROUP, PLC 11811 North Tatum Boulevard, Suite 2650 Phoenix, AZ 85028 Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

By M.Aguirre