ALJDEC

99F-1886-ROC-com · Registrar of Contractors · 2000-04-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 13, 2000 APPEARANCES: Complainants appeared through Co-Complainant, Maria Fuentes and Respondent appeared through its owner and qualifying party, Adrian Barraza. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. The instant hearing was convened by Order of the Registrar for the sole purpose of determining whether or not Respondent had accomplished substantial compliance with the terms and conditions of the prior settlement agreement reached by the parties at the original hearing date of September 22, 1999. The settlement in question was incorporated into an Order of the Registrar of Contractors on October 8, 1999.

2. The assigned inspector for the Registrar of Contractors appeared at the hearing and testified to the fact that he had completed a recent pre- hearing inspection which, in his opinion, verified that Respondent had, albeit belatedly, complied with the terms and conditions of the prior settlement agreement reached between the parties at the September 22, 1999 hearing.

3. Complainants did not present any evidence to contradict the above- described testimony of the Registrar’s inspector. Thus, the facts presented herein are sufficient to support a finding that Respondent substantially complied with the terms and conditions of the settlement agreement which was incorporated into the Registrar’s Order of October 8, 1999.

CONCLUSIONS OF LAW

1. It is determined and held that Respondent substantially complied with its obligations under the terms and conditions set forth in the prior Order of the Registrar of Contractors.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that this Citation, together with the Complaint upon which it is based, shall be closed.

Done this day, April 13, 2000

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

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

By ___________________________

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