VACATE

97F-T0126-ROC-res · Registrar of Contractors · 1999-02-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS | |(| | |PARK AJO ASSOCIATES, An ARIZONA|(|Case No.: T97-0126 | |GENERAL PARTNERSHIP, |(|Docket No.: 97F-T0126-ROC | |Complainant, |(| | |vs. |(|ORDER VACATING | | |(|AND | |License No. 073840, Class B-01 |(|RECOMMENDED Closure | |of |(| | |WAID CONSTRUCTION, INC., |(| | | |(| | |Respondent |(| | | |(|Case No.: T98-0756 | |WEST GRANT CENTRE, L.P. AND |(|Docket No.: 98F-T0756-ROC | |PARK AJO ASSOCIATES, |(| | |Complainants |(|ORDER VACATING | |vs. |(|AND | | |(|RECOMMENDED Closure | |License Number 092209, Class |(| | |L-42 of Randy Lee Cottew, |(| | |d.b.a. |(| | |A TOTAL ROOF SERVICE (INDIV), |(| | |Respondent |(| | | |(| | | |(|Case No.: T97-0128 | |WEST GRANT CENTRE, |(|Docket No.: 97F-T0128-ROC | |Complainant |(| | |vs. |(|ORDER VACATING | | |(|AND | |License Number 073840, Class |(|RECOMMENDED Closure | |B-01 of WAID CONSTRUCTION, |(| | |INC. |(| | |Respondent. |(| | | |(| |

These consolidated matters were scheduled for hearing on Monday, February 8th, 1999, at 9:00 a.m. On Friday, February 5th, 1999, the Office of Administrative Hearings received written notification from the Complainants, through counsel, that the parties have settled their outstanding differences in these matters, and, what is deemed, a motion to vacate the hearing. Accompanying the motion was an unsigned copy of the parties’ Mutual Release and Settlement Agreement. The document was unsigned due to the press of time between now and the hearing date not allowing for its circulation.

It appears that the release and settlement is being entered into knowingly and voluntarily, and its terms are not unconscionable.

THEREFORE: Good cause appearing, the above entitled matter is vacated from the calendar of the Office of Administrative Hearings and it is recommended that Case Nos. T97-0126, T97-0128, and T99-0756, together with the claims upon which they are based, be dismissed. It is further recommended that if any new complaint is filed in these same matters, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the Mutual Release and Settlement Agreement.

Done this 9th day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge Grant Winston

Original / Copy of foregoing mailed this 9th day of February, 1999,:

Mr. George E. Feulner Law Offices of George E. Feulner, P. C. The Davis House 262 N. Main Street Tucson, AZ 85701-8220

Mr. J Matthew Derstine Ms. Jill Casson Owen Snell and Wilmer One South Church Ave., Suite 1500 Tucson, AZ 85701-1612

Transmitted this 9th day of February, 1999, to:

Registrar of Contractors Attn: Joyce Armijo or Valerie Hicks 800 W. Washington, 6th Floor Phoenix, AZ 85007

Registrar of Contractors Attn: Griselda Ybarra 400 W. Congress, Suite 212 Tucson, AZ 85701

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