VACATE Vacate - originally document type was Order - changed during

99F-M1545-ROC · Registrar of Contractors · 1999-11-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On November 15, 1999, Complainant Jackson Constructors, Inc. filed a motion to dismiss this matter asserting the circumstances which gave rise to the filing of Complainant’s complaint against Respondent J F K Electrical Contracting Enterprises, Inc. “have changed to the point where Complainant no longer wishes to proceed with this matter.” On November 17, 1999, Respondent filed a response objecting to Complainant’s motion on the basis of Respondent’s belief that if a hearing was held the Administrative Law Judge could make a post-hearing recommendation that Complainant’s complaint against Respondent be removed from the records of the Registrar of Contractors. Two principles govern the resolution of Complainant’s motion. The first is that a Complainant is generally the master of its complaint and therefore will be given liberal latitude to terminate a claim in disciplinary proceedings on its own motion. This principle is particularly applicable in this case where there has not been a charge that Respondent violated A.R.S. § 32-1154(A)(23) (failure to comply with a written directive from the Registrar). The second is that the Administrative Law Judge is not empowered to recommend removal of a complaint from the records of the Registrar of Contractors (absent truly extenuating circumstances not present in this case, such as a mistake in the named licensee). Thus, even if the Administrative Law Judge denied Complainant’s motion and conducted the hearing, he could not grant the relief sought by Respondent.

Based on the foregoing, it is recommended that Complainant Jackson Contsructors, Inc.’s motion to dismiss be granted and that the entire citation and complaint in Case No. M99-1545 be dismissed.

Done this day, November 18, 1999.

______________________________________ Daniel G. Martin Administrative Law Judge

Copy mailed this ____ day of ______________, 1999, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors 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