ALJDEC

97F-2566-ROC · Registrar of Contractors · 1997-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 9, 1997 APPEARANCES: Complainant appeared on his own behalf and Respondent was represented by its attorney, William Simon. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Hearing in this matter was commenced. During a recess in Complainant’s presentation of his case-in-chief, the parties had a prolonged conversation wherein they explored the possibility of reaching an amicable settlement of their dispute contained in the instant complaint. The record presented in this matter clearly indicated that the complaint involved a money dispute over whether Complainant had been over-charged for the work performed by Respondent and Respondent’s claim that Complainant still owed it further monies. Apparently, it was not Complainant’s intention to seek discipline against Respondent’s contractor’s license but that he merely sought an adjudication and liquidation of what appeared to be a money dispute based on each parties good faith assertion referable to their respective positions. The type of dispute presented herein was shown to be a matter best presented before a civil court of competent jurisdiction and not necessarily appropriate to be decided by the Registrar of Contractors acting through an administrative license disciplinary proceeding. Since the parties held no apparent animosity toward one another and in a spirit of good will, Complainant voluntarily elected to forego prosecution of the instant complaint before the Registrar of Contractors and, in the alternative, the parties agreed to sit down together, on a future date, in a spirit of cooperation, and go over the “numbers” involved, with the intent of reaching an amicable resolution (settlement) of their dispute. Thus, based on the foregoing, Complainant indicated that he was, at this time, withdrawing his complaint against Respondent before the Registrar of Contractors. The parties could not agree on whether the matter should be dismissed with prejudice or without prejudice. Due to the fact that the hearing was never completed and in the interest of fostering a settlement of the matter, under all of the salient facts and circumstances presented herein, it is hereby recommended that this Citation, together with the Complaint upon which it is based, be dismissed without prejudice. Done this day, October 20, 1997.

_______________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of October, 1997, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Varela 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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