VACATE

99F-2409-ROC · Registrar of Contractors · 2000-02-02

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|PAUL AND LYNN BETZ, | |Case No. 99-2409 | |Complainants, | |Docket No. 99F-2409-ROC | | | | | |-v- | |ORDER VACATING SCHEDULED | | | |CONSOLIDATED HEARINGS AND REMANDING | |License No. 037019, Class B of| |MATTER WITH RECOMMENDATION TO CLOSE | | | |CITATION AND COMPLAINT WITHOUT | |COFFMAN CONSTRUCTION CO., INC. | |PREJUDICE | |(CORP), | | | |Respondent. | | | | | | |

|PAUL AND LYNN BETZ, | |Case No. 99-2411 | |Complainants, | |Docket No. 99F-2411-ROC | | | | | |-v- | |ORDER VACATING SCHEDULED | | | |CONSOLIDATED HEARINGS AND REMANDING | |License No. 140770, Class C-34| |MATTER WITH RECOMMENDATION TO CLOSE | |of ALBERT CLARENCE LIDBLOOM, | |CITATION AND COMPLAINT WITHOUT | |dba | |PREJUDICE | |LIDBLOOM PAINTING (INDIV), | | | |Respondent. | | | | | | |

|PAUL AND LYNN BETZ, | |Case No. 99-2413 | |Complainants, | |Docket No. 99F-2413-ROC | | | | | |-v- | |ORDER VACATING SCHEDULED | | | |CONSOLIDATED HEARINGS AND REMANDING | |License No. 113966, Class B-05| |MATTER WITH RECOMMENDATION TO CLOSE | |of SHOWCASE POOLS (CORP), | |CITATION AND COMPLAINT WITHOUT | |Respondent. | |PREJUDICE | | | | |

Very shortly prior to the date and time set for the consolidated hearing in the above-entitled matters, the legal counsel both for the named Complainants and for two of the named Respondents filed a stipulation confirming that all matters in issue between the respective parties are believed to have been resolved, also effectively requesting that the scheduled consolidated hearing be vacated and that each of the pending administrative actions be terminated without prejudice. The beneficial results flowing to the unrepresented Respondent, Showcase Pools, from any termination of pending disciplinary actions not only serves to generate a reasonable presumption that such licensee implicitly joins in the contents of the aforesaid filed stipulation but also such Respondent was credibly reported by both counsel to have expressly indicated its consent to the requested disposition of these matters.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS HEREBY ORDERED that the consolidated hearing scheduled to convene on February 2, 2000 and to reconvene, if necessary, on February 3, 2000 and February 4, 2000 shall be vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED that each of the above-entitled administrative actions, filed and presently pending under Cases Numbered #99-2409, entitled Betz vs. Coffman Construction Co., Inc.; #99-2411, entitled Betz vs. Lidbloom Painting; and #99-2413, entitled Betz vs. Showcase Pools shall be remanded to the Registrar of Contractors with the recommendation that the entire Citations and Complaints in each of these identified cases, respectively, be closed without prejudice to the rights of Complainants to file timely petitions for rehearing or, alternatively, to timely file new, separate complaints against all or some of the named Respondents in the event that any of the terms of the

parties’ settlement agreement are breached by any Respondent or in the event that any Respondent can not or will not enter into a written settlement agreement.

Dated: February 3, 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

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

ATTN: Joyce Armijo ATTN: Joe Cotton, Inspector

Everett S. Butler, Esq. Robert O. Dyer, Esq. Dyer, Mann & Berens, L.L.P. 2400 North Central Avenue (Suite 200) Phoenix, AZ 85004

Paul and Lynn Betz 39704 North 100th Street Scottsdale, AZ 85362

Frederick E. Davidson, Esq. 8711 East Pinnacle Peak Road (#213) Scottsdale, AZ 85255

Coffman Construction Co., Inc. 8711 East Pinnacle Peak Road (Suite #277) Scottsdale, AZ 85255-3599

Lidbloom Painting 3115 East Pershing Phoenix, AZ 85032

Showcase Pools 7526 West Surrey Avenue Peoria, AZ 85381 -----------------------

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