ROC Vacate

2018A-4022-ROC · Registrar of Contractors · 2018-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Demo Bodies LLC’s (“Complainant”) filed a complaint with The Arizona Registrar of Contractors (“the Registrar”) alleging that Wyman Grading and Excavating Inc. (“Respondent”) had failed to pay Complainant more than $750.00 for services provided in connection with Respondent’s contracting business, thereby furnishing cause for the Registrar to suspend or revoke Respondent’s contractor’s license under A.R.S. § 32-1154(A)(10). The Registrar referred the complaint to the Office of Administrative Hearings (“OAH”), an independent agency, for an evidentiary hearing. Both parties’ representatives appeared for the hearing before OAH. Complainant’s representative did not dispute that it owed money to Respondent and stated that it had given Respondent a vehicle to satisfy the debt, but acknowledged that it still owed money on the vehicle. Although Respondent’s representative acknowledged that he had accepted the vehicle to satisfy Complainant’s debt, he was concerned that if Respondent failed to pay off the vehicle, the lienholder might repossess it. A discussion was held on the record. Respondent’s representative agreed to pay off the vehicle and to provide a lien release form to Complainant’s representative in five months, or on or before May 10, 2019. Complainant’s representative agreed to allow Respondent additional time to pay off the vehicle, and indicated that he understood that if Respondent failed to provide a lien release within the agreed-upon date, Complainant could request that the Registrar reopen this complaint or file a new complaint against Respondent for breach of the settlement agreement. 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 Registrar for further action. Done this day, December 10, 2018.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed December 10, 2018 to:

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

Jim Wyman Wyman Grading And Excavating Inc 9393 N 90th St. # 102-158 Scottsdale, AZ 85258-5040

Jim Lindsey Demo Bodies LLC Demo Bodies LLC 4747 E Elliot Rd. # 29-472 Phoenix, AZ 85044-1627

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

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