ROC Vacate

2018A-2084-ROC · Registrar of Contractors · 2018-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled on this date on the workmanship complaint that Richard Wells Rathburn (“Complainant”) had filed with the Arizona Registrar of Contractors (“the Registrar”) against MMS Inc. (“Respondent”). At the time scheduled for the hearing to begin, Complainant and Respondent’s attorneys agreed to discuss their differences and, as a result of their discussion, agreed to a settlement. Respondent’s attorney prepared a writing to memorialize the terms of the settlement, copies of which were given to Complainant and entered into the docket of the Office of Administrative Hearings. After the Administrative Law Judge went onto the record, Complainant agreed to withdraw his complaint. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 8:30 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) and (4) to the Director of the Arizona Registrar of Contractors for further action. Done this day, December 18, 2018.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed December 18, 2018 to:

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

Todd A. Baxter, Esq. Dickinson Wright PLLC 1850 North Central Avenue, Suite 1400 Phoenix, Arizona 85004 [email redacted]

Richard Wells Rathbun 16652 N 109th Way Scottsdale, AZ 85255

By c. serrano -----------------------

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