ALJDEC-vacated and remanded to agency

99F-D0014-ROC · Registrar of Contractors · 1999-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 9, 1999 APPEARANCES: Ted Bowen for the Appellant; Assistant Attorney General Montgomery Lee for the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

During the hearing, the parties entered into a stipulation that was read into the record. Pursuant to the stipulation, the parties agreed to the following: a) That this matter be vacated and remanded to the Registrar of Contractors; b) Appellant shall have 60 days from the date of hearing to obtain an Order Terminating Probation; c) If the above-mentioned order is obtained within the 60 day period, Appellant’s license application shall be held in a suspended state for 6 months from the date of entry of the order; and if during the aforementioned 6 month period Appellant maintains a clean record where there are no incidents involving Appellant’s good character or qualifications, then, after expiration of that time period, the Registrar shall grant Appellant’s application for a Class K-34 license and issue the license with a one year probationary period; d) In the event that Appellant does not obtain an Order Terminating Probation or obtain the order within the aforementioned 60 days, the Registrar of Contractors will issue Appellant a notice of denial of the license providing Applicant an opportunity to request that the matter proceed to hearing; and e) In the event that Appellant obtains an Order Terminating Probation and, during the 6 month time period in which Appellant’s license application is held in a suspended state, there is an incident or incidents involving Appellant’s character or qualifications, the Registrar of Contractors will issue a notice of denial of the license within 10 days of receipt of such information, providing Appellant an opportunity to request that the matter proceed to hearing. THEREFORE, IT IS ORDERED vacating this matter from the docket of the Office of Administrative Hearings and remanding it to the Registrar of Contractors for consideration of the above-mentioned stipulation. Done this day, September 15, 1999

______________________________________ LEWIS D. KOWAL Administrative Law Judge

Copies transmitted by mail this ____ day of September, 1999, to:

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

Gary Ray Stamp Stamp’s Painting Service 1945 Walnut Avenue Yuma, Arizona 85364

Ted Bowen, Esq. 281 West 24th Street, Suite 134 Yuma, AZ 85364

Montgomery Lee Assistant Attorney General 1275 West Washington Phoenix, AZ 85007

By ___________________________

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