VACATE

99F-277-ROC · Registrar of Contractors · 1999-07-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS | |§| | | |§|CASE NO.: 99/277 | |DENNIS LICHNER AND TAMMIE |§| | |LICHNER, |§|DOCKET NO.: 99f-277-ROC | | |§| | |Plaintiffs, |§|RECOMMENDED ORDER GRANTING THE | | |§|DEFENDANT’S MOTION TO DISMISS | |-v- |§| | | |§| | |License No.094718, Class C-07 |§| | |of |§| | |Robert Edward Chandler d.b.a. |§| | |CHANDLER CARPENTRY (Indiv), |§| | | |§| | |Defendant. |§| | | |§| |

The Defendant, by and through his counsel, has filed a Motion to Dismiss, a Motion for Stay, a Request for Hearing and a Request for Disclosure. The Plaintiffs, by and through their counsel, have responded in objection to the Motion to Dismiss and the Motion for Stay. Upon review and consideration of the contents of the Defendant’s Motion to Dismiss, the Plaintiffs’ response thereto, and after a full review of the entire case record, it appears that the subject issue of whether the Plaintiffs can proceed against the Contractors Recovery Fund has already been ruled upon the Judge Ollason’s Order dated August 21, 1997. The Order of the United States Bankruptcy Court states, in part, as follows: “IT IS HEREBY ORDERED that the Motion for Relief from the Automatic Stay filed by the Movants, Lichner, to proceed against the Arizona Registrar of Contractors recovery fund, is denied.” Based upon the fact that the Plaintiffs’ Motion for Relief was specifically to proceed against the Arizona Registrar of Contractors’ Recovery Fund and was denied by the Federal Court it is found that the issue of the Plaintiff’s desire to proceed against the Contractors’ Recovery Fund is now Res Judicata and that proceeding with this matter could be construed to constitute a collateral attack upon the prior Order of the United States Bankruptcy Court. Based upon the foregoing it is recommended that this matter be dismissed.

Done this 21st day of July, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas Original / Copy of foregoing mailed this 22nd day of July, 1999,:

Montgomery Lee Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007

Dennis & Tammie Lichner 5571 Calle Mano Sierra Vista, AZ 85650

P. Randall Bays 1700 S. Highway 92, Suite E-100 Sierra Vista, AZ 85635

Joseph H. Watson, Esq. 109 E. Speedway Blvd. Tucson, AZ 85705

Registrar of Contractors Attn: Joyce Armijo or Valerie Hicks 800 W. Washington, 6th Floor Phoenix, AZ 85007

Registrar of Contractors Attn: Griselda Ybarra 400 W. Congress, Suite 212 Tucson, AZ 85701

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