VACATE

99F-1655-ROC · Registrar of Contractors · 1999-08-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was set for hearing to be held on July 1, 1999 pursuant to the Notice of Hearing issued by the Arizona Registrar of Contractors (Registrar) on May 13, 1999. On May 28, 1999, Respondent filed a Motion to Vacate the Hearing (Motion) for the reason that it had agreed to make all the repairs but would begin the repairs in the next three to four weeks. Respondent indicated that Complainants had indicated to its legal representative that Complainants wanted Respondent to proceed with the repairs and did not believe that a hearing was necessary or desirable at this time. However, when contacted for their response, Complainants indicated that the case should not be vacated, that they had not been contacted by Respondent and that they had told the legal representative that they would only consider dropping the complaint if the home is repaired to their satisfaction. Respondent’s Motion to Vacate was denied by ORDER issued June 28, 1999. On June 28, 1999, the undersigned received Complainants’ request to continue the matter for 45 days while Respondent completed the agreed repairs on their home. The parties were given a verbal continuance, awaiting the scheduling of a new hearing date. An ORDER was issued on July 1, 1999 setting the matter for hearing to be held on August 23, 1999, to allow for the matter to be resolved to Complainants’ satisfaction. On August 18, 1999, Respondents filed a Motion to Continue the matter, reciting that the agreed-to repairs had been started two weeks ago and should take another two to three weeks. Respondent’s Motion further recites that the Complainants would send a letter to this tribunal indicating that a hearing is not necessary. As of August 20, 1999, no such letter had been received. On August 23, 1999, Complainants telephoned this tribunal, and sent by facsimile a letter, regarding this matter. In that handwritten letter, Complainants recite that the contractor advises them that the repairs will be finished and they will be moved back into their home on August 30, 1999. Complainants recite that Respondent “has completely addressed all of our problems and concerns in our home and are providing us with another 10 year warranty. We see no reason to continue this hearing and wish to close our complaint, case no. 991655.” Based on the above, IT IS ORDERED Complainants’ Motion to Vacate the hearing is granted, and the matter is remanded to the Registrar for any further handling. ORDERED and DATED this day: August 23, 1999.

_________________________________ Kay A. Abramsohn Administrative Law Judge

Copy sent by facsimile or mailed this ____ day of August, 1999, to:

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

Michael and Cindy Fordyce 5951 W. Calle Lejos Glendale, AZ 85310 FAX (620) 587-7035 Complainants

William S. Gates, Esq. John J. Balitis, Esq. Fennemore Craig, PC 3003 N. Central Avenue, Ste 2600 Phoenix, AZ 85012-2913 FAX (602) 916-5999 Counsel for Respondent

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 PH(602) 542-9826/ FAX 542-9827