VACATE

99F-M0131-ROC-com · Registrar of Contractors · 1999-07-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Shortly prior to the date set for the scheduled compliance hearing in the above-entitled matter, and prior to responding to a pending motion by or on behalf of Respondent to permit entry onto land, counsel for Complainant filed a written request to dismiss this case with prejudice, effectively seeking to terminate this administrative action by confirming that all matters in issue between the parties have been resolved and also requesting that the compliance hearing presently set to convene on August 12, 1999 be vacated.

Upon review and consideration, it appears that the Registrar’s previously entered Order herein was allowed to become final following the denial of a petition for rehearing and the absence of any further appeal by either party. Consequently, under the present posture of this case, it is not possible for the individual parties to alter the contents of such final Order by stipulation or otherwise.

Since the terms and conditions of the final Order expressly provided for the imposition of additional alternative penalties against Respondent’s license consisting of a 60-day period of probation and the payment of a $150.00 civil penalty, a dismissal of this administrative disciplinary action is no longer possible. Notice taken of the Registrar’s records does indicate that Respondent has, in fact, paid the imposed civil penalty amount.

Notwithstanding the foregoing, the recently filed request by or on behalf of Complainant may be properly treated as the equivalent of substantial compliance by Respondent with the corrective work conditions of the prior Order, thereby avoiding any license revocation penalty and also rendering unnecessary the convening of any compliance hearing for making any factual determinations with respect to the compliance issues previously raised by the respective parties.

Accordingly, and for sufficient cause appearing herein, IT IS ORDERED that the compliance hearing scheduled to convene on August 12, 1999 be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors with the recommendations, in lieu of any Compliance Hearing (a) that Complainant ‘s request to dismiss this case with prejudice be denied, and (b) that the Registrar implement the alternative disciplinary penalty specified in previously entered and now final Order by placing Respondent’s Class C-48 license on probation for a period of 60 days, commencing on the effective date of this Order in lieu of Compliance Hearing.

Dated: July 28, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on _________________________

By: _____________________________ , To:

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

ATTN: Joyce Armijo

Nedra J. Bates, Esq. 1136 East Campbell Phoenix, AZ 85014

Shane L. Harward, Esq. 6330 East Thomas Road (Suite 320) Scottsdale, AZ 85251-7057

Ellen Oldenburg 1351 North Pleasant Drive ( #2036) Chandler, AZ 85224

C.W. Harward Tile Installations 9605 South 48th Street ( #3047) Phoenix, AZ 85044

C. W. Harward Tile Installations 1745 South Alma School Road (3130) Mesa, AZ 85210

Ron Lamp, Inspector Registrar of Contractors 2222 South Dobson Road (Suite 101) Mesa, Arizona 85202-6483 -----------------------

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