Vacate

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Mandy Ballor,

COMPLAINANT

v.

Clouse & Sons LLC,

ROC License: ROC 310831,

RESPONDENT

No. 2018A-05350-RFA-ROC

ORDER VACATING

HEARING

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. 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 Whereupon, at mid-point of the hearing, Complainant requested that her appeal be withdrawn and that the hearing be vacated.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NOW THEREFORE IT IS ORDERED Complainant’s Appeal is withdrawn.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.

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