ROC Vacate

2018A-3714-ROC · Registrar of Contractors · 2019-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Registrar of Contractors (“the Registrar”) referred this matter to the Office of Administrative Hearings (“OAH”), an independent agency, for an evidentiary hearing on the complaint that Christina Lynn Robinson (“Complainant”) filed with the Registrar against Gryphon Companies Inc. DBA Gryphon Roofing & Remodeling (“Respondent”) for deficient workmanship. On December 10, 2018, the Registrar issued a Notice of Hearing, setting a hearing on the merits on this date. On February 1, 2019, the business day before the scheduled hearing, Respondent’s president Russ Hyman filed a motion with the Registrar’s Legal Department, informing it that Respondent had reached a settlement and attaching a document that bore signature that was somewhat similar to the one on the complaint that Complainant had filed with the Registrar. The Registrar forwarded Respondent’s emails with the attachment to the undersigned Administrative Law Judge (“ALJ”) at OAH. The ALJ issued an order requesting that Complainant file an electronic confirmation of the settlement with OAH. Complainant did not file any confirmation of settlement. Neither party appeared at the time scheduled for the evidentiary hearing. Although the start of the duly noticed hearing was delayed sixteen minutes to allow the parties additional travel time, they did not appear. The Registrar’s assigned investigator appeared for the hearing. Because it appears that the parties have settled their dispute, IT IS ORDERED vacating the evidentiary hearing that had been scheduled on this date at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Arizona Registrar of Contractors for further action. Done this day, February 4, 2019.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed February 4, 2019 to:

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

Russ Hyman, President Gryphon Companies Inc. PO Box 7309 Tempe, AZ 85281

Christina Lynn Robinson 4261 E Crown Ct Gilbert, AZ 85298

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

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