ALJDEC

99F-2634-ROC · Registrar of Contractors · 1999-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 12, 1999 APPEARANCES: The Complainant appeared personally. The Respondent was represented by its attorney, Stephen E. Richman, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ At the outset of the scheduled hearing, Complainant submitted a written request to dismiss the Citation and Complaint in this matter. Counsel for Respondent was afforded an opportunity to examine the written request. Counsel announced that Respondent was prepared to proceed with the hearing but did not object to a dismissal of the Citation and Complaint with prejudice to the Complainant initiating any further administrative disciplinary action in this matter. Respondent stated on the record that he did not oppose a dismissal with prejudice so long as it did not affect his right to bring a civil action against Respondent. In view of the foregoing, it is recommended to the Registrar of Contractors that the Citation and Complaint be dismissed with prejudice to his initiating any further administrative disciplinary action in this matter but not to preclude the Complainant from undertaking any civil action against the Respondent in a court of competent jurisdiction.

Done this day, October 12, 1999

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Registrar of Contractors Mr. 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