PDF copy: Vacate

2018A-05350-RFA-ROC · Registrar of Contractors · 2020-01-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Mandy Ballor, No. 2018A-05350-RFA-ROC COMPLAINANT v. ORDER VACATING Clouse & Sons LLC, HEARING ROC License: ROC 310831, RESPONDENT

On January 7, 2020, Hearing was conducted in this matter on the appeal of the Complainant of the Notice of Claim for Administrative Award Regarding 2018-05350. In the midst of the Complainant’s case the parties stipulated on the record that the Complainant was eligible for payout from the Residential Contractors' Recovery Fund. In the course of Complainant’s case Complainant disclosed that the sole basis of her appeal was to challenge the Notice of Claim amount because it did not compensate her for repair or replacement of consequential water damages resulting from Respondent’s below industry standard work.1 Objection being made to the Complainant’s introduction of documents and testimony of consequential damages on relevancy grounds having been sustained, Complainant agreed that her appeal seeks additional payout from the Fund for alleged damages, although likely proximally related to contractor’s defective performance, the damages sought are not directly related to the contractor's defective performance. Whereupon, at mid-point of the hearing, Complainant requested that her appeal be withdrawn and that the hearing be vacated. Good cause appearing, NOW THEREFORE IT IS ORDERED Complainant’s Appeal is withdrawn. FURTHER IT IS ORDERED vacating the hearing on January 7, 2020 and vacating any other hearing in 2018A-05350-RFA-ROC that may be now appearing on the Hearing Calendar of the Office of Administrative Hearings.

1 Pursuant to A.R.S.§ 32-1132.01 (B): “An award from the residential contractors' recovery fund may not exceed the actual damages suffered by the claimant as a direct result of a contractor's violation…. H. For the purposes of this section, "actual damages" means the reasonable cost of completing the contract and repairing the contractor's defective performance, minus the part of the contract price still unpaid.” [Emphasis added]. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 FURTHER IT IS ORDERED dismissing 2018A-05350-RFA-ROC and remanding the case to the Registrar for such action as the Registrar deems reasonable and proper.

Done this day, January 31, 2020. /s/Randolph D. Wolfson Administrative Law Judge Copy mailed/e-mailed/faxed January 31, 2020 to:

Complainant Mandy Ballor 8714 East Citrus Way Scottsdale, AZ 85250 [email redacted] Respondent Clouse & Sons, LLC 7805 East Rovey Avenue Scottsdale, AZ 85250 [email redacted] John R. Tellier, Esq. Assistant Attorney General Attorney for Registrar of Contractors

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

By c. serrano

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826