ALJDEC
98F-M1258-ROC · Registrar of Contractors · 1999-02-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|SUNRISE STEEL , INC., | | No. 98F-M1096-ROC | | | |No. 98F-M1258-ROC | |Complainant, | |(Consolidated) | | | | | |v. | |RECOMMENDED DECISION | | | | | |License No. 068045, Class B-01 of | |AND ORDER OF THE | |REDDEN CONSTRUCTION, INC. (CORP.), | | | | | |ADMINISTRATIVE | |Respondent. | | | | | |LAW JUDGE | | | | | |REDDEN CONSTRUCTION, INC. (CORP.), | | | | | | | |Complainant, | | | | | | | |v. | | | | | | | |License No. 098261, Class A-11 of | | | |SUNRISE STEEL , INC. (CORP.), | | | | | | | |Respondent. | | |
The hearing of these consolidated matters began on December 1, 1998, and continued on February 23, 1999. Prior to the commencement of the continued hearing, the parties mutually agreed to withdraw their complaints without prejudice to pursue their contractual claims and defenses in an appropriate forum. This mutual agreement was formalized in the record of the hearing. After the conclusion of the hearing, the exhibits admitted at the first hearing were returned to the parties. This matter is essentially a case of claimed nonpayment for labor and materials. There are substantive factual and legal issues which the parties agree best belong in a more appropriate forum than in a disciplinary proceeding before the Arizona Registrar of Contractors (“Registrar”). See, Sunpower of Arizona v. Registrar of Contractors, 166 Ariz. 437, 803 P.2d 430 (App. 1990), review denied (1991).
RECOMMENDED ORDER It is recommended that the Registrar dismiss, and not close, its Citations and Complaints No. M98-1096 and M98-1258. SUBMITTED this 23rd day of February, 1999.
George A. Schade, Jr. Administrative Law Judge
The original Recommended Decision and Order was mailed on February 23, 1999, for distribution to the parties, to:
Michael P. Goldwater Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007
George A. Schade, Jr. -----------------------
Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826