Vacate

2021A-02382-CHC-ROC · Registrar of Contractors · 2022-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Kara Montoya,

COMPLAINANT

v.

KLB HomeCrafters, LLC

License No. ROC 316821,

RESPONDENT

No. 2021A-02382-CHC-ROC

ORDER VACATING

HEARING

The hearing of this matter was scheduled to convene on November 15, 2021, at 9:00 a.m. On the date and time set for hearing, Complainant Kara Montoya appeared on her own behalf with witness, Shanti Rose. Kelly Brown appeared on behalf of Respondent KLB HomeCrafters, LLC. Registrar of Contractors Investigator Jason Simpson was present.

The parties participated in a pre-hearing discussion outside of the presence of the Administrative Law Judge. As a result of that discussion, the parties reached a resolution of the matter, however needed additional time for the execution of the resolution.

The matter was continued and set for a Status Update on January 3, 2022, by which date the parties were to do one of the following:

Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing;

Inform the tribunal that the parties need additional time to resolve the matter by submitting a Motion to Continue and reset for Status by 30-days, 45-days, or 60-days; or

Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be set for hearing.

On January 4, 2022 and January 10, 2022, staff from the Office of Administrative emailed the parties to request the submission of a Status Update as the parties had not submitted one as ordered by January 3, 2022.

On January 11, 2022, Respondent filed correspondence with the Office of Administrative Hearings that evidenced that Complainant and Respondent executed a settlement agreement as of January 6, 2022, as Complainant sent the following email correspondence to the assigned Arizona Registrar of Contractors Investigator:

Kelly Barnes with KLB HomeCrafters and I Kara Montoya entered into and agreement dated November 2021 complete the following work December 31, 2021.

As of December 2021 Kelly Barnes and I have agreed on the amount of $5000 (Five thousand US dollars) to have the remaining and outstanding work to be completed by others and per original contractual agreement.

As of today January 6, 2022 I have received the monies from Kelly Barnes and I consider our contractual agreement to be fulfilled.

If there is anything else needed please let me know.

Sincerely,

Kara Montoya

All errors in original.

Sufficient cause appearing,

IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED remanding this matter to the Arizona Registrar of Contractors for any further action.

Done this day, January 11, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile January 11, 2022 to:

Jeffrey Fleetham; Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Kara Montoya

8728 E. Via De Viva

Scottsdale, AZ 85258

[email redacted]

KLB HomeCrafters, LLC

8656 E. Plaza Ave.

Scottsdale, AZ 85250

[email redacted]

Jason Simpson

[email redacted]

By c. serrano