ROC Vacate

2018A-51-NPC-ROC · Registrar of Contractors · 2018-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Registrar of Contractors (“the Registrar”) referred the complaint that Jesco Plumbing Inc. (“Complainant”) had filed with the Registrar against Perry Lee Simpson dba Perry Simpson Builders (“Respondent”) for nonpayment in violation of A.R.S. § 32-1154(A)(10)[1] to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing. Respondent did not dispute that he owed money to Complainant but alleged that he was unable to pay Complainant and that the property owner had failed to pay Respondent $87,000 for the project. At the beginning of the hearing, Complainant’s qualifying party/officer, Todd Lee Jespersen, and Respondent discussed their differences off the record. After the Administrative Law Judge went on the record, the parties stated that they had reached a settlement agreement, the terms of which were recited. Mr. Jespersen agreed to withdraw Complainant’s complaint. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits 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(3) to the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as resolved/settled/withdrawn, without prejudice to Complainant’s right to reopen the complaint if Respondent breaches the terms of the parties’ settlement. Done this day, March 16, 2018.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed March 16, 2018 to:

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

Perry Lee Simpson Perry Simpson Builders dba: Perry Simpson Builders 170 N Geronimo Rd Apache Junction AZ 85119-8360

Todd Lee Jespersen Jesco Plumbing Inc PO Box 20972 Mesa, AZ 85277-0972

By M.Aguirre ----------------------- [1] A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure by a licensee . . . to pay monies 湩攠捸獥⁳景猠癥湥栠湵牤摥映晩祴搠汯慬獲眠敨⁮畤⁥潦⁲慭整楲污⁳牯猠牥楶散⁳敲摮牥摥椠⁮潣湮捥楴湯眠瑩⁨桴⁥楬散獮敥玒漠数慲楴湯⁳獡愠挠湯in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.”

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