Order Holding Record Open

2018A-3227-RFA-ROC · Registrar of Contractors · 2019-12-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Rozalyn S. Capps,

COMPLAINANT,

v.

Brian Francis Winstanley,

DBA: Tumblewood Remodeling,

License No. ROC 276057,

RESPONDENT.

No. 2018A-3227-RFA-ROC

ORDER SEVERING MATTER FROM CASE No. 2019A-01923-RFA-ROC AND CLOSING THE RECORD IN THIS MATTER

This matter was set for a consolidated hearing on December 18, 2019, with Case No. 2019A-01923-RFA-ROC, Rozalyn S. Capps’ (“Complainant’s”) claim to the Residential Contractor’s Recovery Fund (“the Fund”) against contractor Savvy Floor Design LLC (“Savvy Floor Design”) for damages that occurred on the same project as formed the basis of Complainant’s claim to the Fund against Brian Francis Winstanley DBA: Tumblewood Remodeling (“Respondent”). Savvy Floor Design failed to appear for the duly noticed hearing. Respondent stated that he had spoken to Savvy Floor Design’s qualifying party, Ryan Prokopec, and that Mr. Prokopec had informed him that he was with his dying father in the hospital. Although evidence was taken on Complainant’s complaint against Respondent, there was insufficient time to take evidence on Complainant’s claim against Savvy Floor Design. Therefore,

IT IS ORDERED severing this matter from Case No. 2019A-01923-RFA-ROC.

IT IS FURTHER ORDERED closing the record in this matter on December 18, 2019.

Done this day, December 19, 2019.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile December 19, 2019 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

Michael D. Raine, Esq.

Assistant Attorney General

Licensing & Enforcement Section

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

Rozalyn S Capps

18453 W Saguaro Ln

Surprise, AZ 85388

[email redacted]

Brian Francis Winstanley

DBA: Tumblewood Remodeling

7344 W. Tumblewood Dr.

Peoria, AZ 85382

[email redacted]

By c. serrano