VACATE

97F-619-ROC · Registrar of Contractors · 1997-10-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Shortly prior to the date set for the hearing in the above-entitled matter, counsel for Plaintiffs confirmed that all matters in issue between the parties have been resolved by the parties' entry into a mutual settlement agreement, also effectively requesting that the scheduled hearing be vacated and that the pending administrative action be terminated.

With respect to that portion of the parties' settlement agreement relating to the reinstatement of Defendant's Class B contracting license number 090373, such matter is beyond the purview of the subject matter of the recovery fund action and ensuing hearing request forwarded to this tribunal under the above case caption but instead must be more appropriately referred directly to and addressed by the Registrar of Contractors.

It would appear that the corrective conditions contained in the previously entered final Order of the Registrar in disciplinary proceedings under Case Number 95-2724 have been effectively satisfied by the overall terms of the aforesaid settlement agreement which also provided for the dismissal or

termination with prejudice of the pending recovery fund claim in this case,[1] thereby warranting the lifting of the temporary disciplinary license suspension imposed in the disciplinary case. However, separate non- disciplinary additional suspensions by operation of law, appearing of record and affecting the same license, for lack of a qualifying party and for non-renewal, as well as the cancellation of this license on May 10, 1996, may operate to preclude any license reinstatement at this time. While it is probable that a new license application may have to be filed by Defendant's corporate entity and approved by the Registrar, the removal or lifting of the conditional disciplinary suspension would enable a result whereby Defendant's canceled license may now be deemed to have terminated in good standing.

In view of the foregoing, and sufficient cause appearing, IT IS HEREBY ORDERED that the hearing scheduled to convene on October 6, 1997 be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors with the recommendation that the entire claim by Plaintiffs from the Residential Contractor's Recovery Fund be dismissed with prejudice.

Dated: October 7, 1997. OFFICE OF ADMINISTRATIVE HEARINGS

_____________________________________ ROBERT I. WORTH Administrative Law Judge

Copies transmitted on ___________________

by: ___________________________ , To:

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

ATTN: Jennifer Varela

James and Rita Spizzirri 9309 East Verada Salano Drive Scottsdale, AZ. 85255

Paul E. Steen, Esq. 4500 South Lakeshore Drive (# 570) Tempe, AZ. 85282 - 7057

MBD, Inc. A. C. C. 2164 East Broadway (# 300) Tempe, AZ. 85282 - 1765

John E. DeWulf, Esq. Two Arizona Center 400 North 5th Street (# 1000) Phoenix, AZ. 85004

----------------------- [1] The dismissal with prejudice of the civil litigation between the same parties, as also envisioned under the settlement agreement, would also warrant the dismissal of another recovery fund claim under case number 96/439, still shown as an open matter on the records of the Registrar.

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