ALJDEC

97F-2282-ROC · Registrar of Contractors · 1997-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 13, 1997; 2:25 P.M.; Phoenix, Arizona APPEARANCES: Complainant: Sharon R. Anton Respondent: Alfred Edward Sussex, Jr. ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter came for hearing as scheduled, but prior to the commencement of the hearing, the parties reviewed and discussed the contested issues. The Administrative Law Judge participated in some of the discussions, but the parties conferred privately. After extensive negotiations, the parties agreed to resolve mutually the contested issues. Their agreement was formalized and entered into the record of the hearing. Ms. Anton and Mr. Sussex avowed the agreement represented a proper and fair disposition of the disputed issues, and the Administrative Law Judge concurred. Mr. Sussex avowed he could and would complete the work by the agreed upon date. A contested case may be resolved by the agreed settlement of the parties. See, Arizona Revised Statutes (“A.R.S.”) § 41-1061(D). Although Mr. Sussex’s License No. 105991, Class C-34, is delinquent because he did not renew it timely, Mr. Sussex was aware of the Registrar’s authority to enter an appropriate order in this matter. The “expiration…of a license by operation of law…shall not deprive the Registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee, or to render a decision suspending or revoking such a license, or denying the renewal or right of renewal of such license.” A.R.S. § 32-1154(C). The parties agreed: 1. Mr. Sussex will before Saturday, December 13, 1997, in good workmanlike manner and with good paint, complete the following items at the home of Ms. Anton in Scottsdale, Arizona: A. Paint all the exterior white wood trim of the house. B. Paint the four interior pot shelves, one each in the Living Room, Master Bedroom, Kitchen and Second Floor Bathroom. C. Paint the exterior electrical box to match the house exterior paint (known as Los Portones Peach Color). D. Paint the big electrical box on the front lawn to match the house exterior paint. E. Caulk and paint around the glass block in the Second Floor Bedroom to match the exterior paint. F. Sand, dust, clean and paint with good white paint the steel railings in the rear patio. The paint for these railings shall be oil-base. G. Remove the spot of varnish on the tile floor by the front entry door. 2. Ms. Anton withdraws her Complaint No. 97-2282, filed against Mr. Sussex on March 21, 1997. RECOMMENDED ORDER It is recommended that the Registrar: 1. Accept and approve the agreed settlement of the parties set forth above. 2. Dismiss Citation and Complaint No. 97-2282. SUBMITTED this 14th day of November, 1997.

George A. Schade, Jr. Administrative Law Judge The original Recommended Decision and Order was mailed on November 14, 1997, for distribution to the parties, to:

Michael Goldwater Director Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007-2940

George A. Schade, Jr. -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826