ALJDEC

98F-2692-ROC · Registrar of Contractors · 1999-06-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARINGS: January 21, April 5 and 6, 1999. APPEARANCES: COMPLAINANT: by Kenneth Millsap, Sr., sole proprietor; RESPONDENT: by Julianne Wheeler, Esq., with Jose Castillo, president.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ This matter proceeded to hearing to determine whether Respondent Inca Contracting Co. violated state law as alleged by Complainant Ken Millsap Sr. dba The Becken Company and as cited by the Registrar of Contractors (Registrar). During the course of proceedings, Complainant chose to dismiss the complaint against Respondent. The following Findings of Fact, Conclusions of Law, and Recommended Decision are now made and submitted to the Director of the Registrar of Contractors:

FINDINGS OF FACT 1. On April 10, 1998, Complainant, The Becken Company (Becken), filed a complaint with the Registrar of Contractors alleging that Respondent, Inca Contracting Company, Inc. (Inca), had failed to pay Becken monies owed for work performed under contract.

2. When the matter was not resolved administratively, the Registrar issued CITATION AND COMPLAINT in Case No. 98-2692 on June 24, 1998, charging Respondent with possible violations of A.R.S. §§ 32-1154.A.7 and .11. 3. Respondent timely filed its written answer, and the matter was set for hearing, at which time certain evidence and testimony was presented by and on behalf of Complainant The Becken Company.[1] 4. Prior to the completion of the presentation of its case, Complainant, through counsel then representing it, filed NOTICE OF DISMISSAL of its complaint against Respondent, the substance of which dismissal was affirmed in open court on April 5 and 6, 1999, by Ken Millsap, Sr., as sole proprietor of the Becken Company.

CONCLUSIONS OF LAW By dismissing its complaint against Respondent, Complainant has divested this tribunal from any further consideration of this matter, which is therefore remanded to the Registrar of Contractors for further action, as appropriate.

RECOMMENDED DECISION In light of the above, IT IS RECOMMENDED that the CITATION AND COMPLAINT in Case No. 98-2692 be dismissed. Done this day, June 28, 1999.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

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

ATTN: Joyce Armijo

By ___________________________

----------------------- [1] The hearing in this matter was originally consolidated with the hearing set in Case No. 98-3126 (Docket No. 98F-3126-ROC) which arose out of a complaint filed by Inca Contracting Company, Inc., against the Becken Company relative to the same contract. That case proceeded to a conclusion on the merits, which by agreement of the parties included the testimony and evidence presented herein, and resulted in a separate Recommended Decision.

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