ALJDEC

99F-525-ROC · Registrar of Contractors · 1999-11-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 23, 1999; 9:10 A.M.; Phoenix, Arizona APPEARANCES: Complainants: Stephen R. Lund Respondent: No Appearance ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This is a Residential Contractors’ Recovery Fund proceeding brought pursuant to Arizona Revised Statutes (“A.R.S.”) § 32-1154(E). Based upon the evidence presented at the hearing, Administrative Law Judge George A. Schade, Jr. submits this Recommended Decision and Order to the Arizona Registrar of Contractors (“Registrar”). FINDINGS OF FACT No representative of Respondent Carousel Homes, Inc. appeared at the hearing. On October 21, 1999, Complainant Stephen R. Lund obtained an order from the Maricopa County Superior Court in Lund v. Carousel Homes, Inc. et al., Docket No. CV 99-01710, which stated in pertinent part: “IT IS HEREBY ORDERED that Residential Contractor’s (sic) Recovery Fund pay $17,500.00 to Stephen R. Lund.” Complainant’s Exhibit No. 1.

3. Mr. Lund testified that the Registrar has informed him that it will be remitting to Mr. Lund on December 3, 1999, a payment in the amount of $17,500.00 from the Residential Contractors’ Recovery Fund. 4. On May 12, 1999, the Registrar revoked Respondent Carousel Homes, Inc.’ s License No. 106108, Class B. CONCLUSION OF LAW As Mr. Lund has obtained a court order, and the Registrar has stated it will make a payment from the Residential Contractors’ Recovery Fund to Mr. Lund pursuant to the court order, this matter has been resolved. A.R.S. § 32-1154(E). RECOMMENDED ORDER It is recommended that the Registrar continue with the payment of $17,500.00 from the Residential Contractors’ Recovery Fund to Mr. Lund. SUBMITTED this 23rd day of November, 1999.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on November 23, 1999, for distribution to the parties, to:

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

George A. Schade, Jr. -----------------------

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