VACATE

99F-T0771-ROC-COM · Registrar of Contractors · 2000-11-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Complainant has filed a Motion to Dismiss, and the Respondent has filed a response in objection thereto. This mater was originally scheduled for hearing on October 5, 1999. On October 4, 1999 the parties filed a written settlement agreement. On October 14, 1999 the Registrar of Contractors issued an Order of Dismissal which became effective on November 23, 1999. On September 13, 2000 the Respondent filed a request for a Compliance hearing regarding the parties’ settlement agreement. The matter is set for Compliance hearing on December 27, 2000. The Complainant’s Motion to Dismiss asserts that the Complainant does not want to have the Respondent perform any further work on his pool and that even if the Registrar of Contractors were to find that the Respondent had complied with the parties’ settlement agreement that the most the Registrar of Contractors could do is to find that the Respondent complied with the terms and conditions of the parties’ settlement agreement and dismiss the complaint against the Respondent’s License. The Respondent objects to the dismissal on the basis that the Complainant chose the forum of the Registrar of Contractors when the Complainant filed a complaint with the Registrar of Contractors and entered into a settlement agreement in this matter. The jurisdiction of the Registrar of Contractors and the civil court are separate and concurrent. The filing of an action in one does not preclude a party from filing a complaint in the other forum. In view of the expressed wish of the Complainant that he desires no action against the Respondent’ contractors’ license and the Complainant’s expressed intent to deny any access to the Respondent, IT IS HEREBY ORDERED that the hearing scheduled to convene on December 27, 2000 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 Recommendation that this Citation, together with the Complaint upon which it is based, be dismissed with prejudice. Done this day, November 3, 2000.

_________________________________ M. Douglas Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2000, to:

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

Evan Thompson Esq. 382 South Convent Av., Tucson, 85701

Whitehill, Linden, Grynkewich & Halladay Richard Block Esq. 5210 East Williams Circle Suite 500 Tucson, AZ 85711

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488