ALJDEC

99F-Y0146-ROC · Registrar of Contractors · 2000-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Wednesday, March 29th, 2000; 9:00 a.m. APPEARANCES: Complainants Mr. Robert Warfield and Ms. Laverne E. Chisan were represented by Mr. Don Engler, attorney-at-law. Complainant/Respondent Spartan Homes and Construction, Inc., was represented by Mr. William S. Dieckhoff, attorney-at-law. Respondent Larry Lee Leamons, d.b.a. Larry Leamons Concrete, was represented by Mr. Larry Lee Leamons. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________ These matters were brought on for administrative hearing on March 29th, 2000, at 9:00 a.m. Just prior to the call of the case, the parties and respective counsel had a conference to discuss these matters. It was resolved and agreed between all parties that each of these three complaints should be dismissed. Accordingly, an evidentiary hearing was not held, but the parties went on the record with the Administrative Law Judge presiding, in order to affirm and memorialize their desire to resolve these cases in this fashion, and to state the grounds for their desire. The parties state for the record that they presently are involved in litigation in superior court involving these same matters, and that they no longer wish to have them addressed at the administrative level by the Office of Administrative Hearings and Registrar of Contractors. The parties rather prefer to have their disagreements resolved only in superior court where they now are pending. Based on that mutual desire the Complainants in each of these actions moved for leave to withdraw his, her and its complaint, and Respondents did not oppose the motions. Further, all parties moved that each of these complaints be dismissed for the reasons stated. Respondent Mr. Larry Lee Leamons also requested in light of the fact that his license had been revoked as a result of his involvement in Case No. Y99-0149, should the Registrar see fit to grant the parties’ motions to withdraw complaints and dismiss the cases, that his license be reinstated as a result. The ALJ advised on the record to the effect that if that were an accurate statement of the facts, he would believe that reinstatement could be proper. However, there being no evidence before the ALJ at that time, he did not make any positive indication that he would so recommend to the Registrar. Subsequent to the hearing the ALJ consulted the Registrar’s records for License Number 099764, and those records reveal that that license was not revoked but suspended, and not for Case No. Y99-0149, which was being heard in Yuma March 29th, 2000, and which is now under consideration in this Recommended Decision and Order, but for Case No. Y99- 0150, which is not now before the Registrar. Therefore, it would be improper to make a recommendation to the Registrar to reinstate License No. 099764 in a Recommended Decision and Order pertaining to a case other than the case which precipitated the license suspension. The parties all being agreed that withdrawal of the complaints and dismissal of these actions is desired by them all and the proper resolution of these cases in order that they may take their disputes to another appropriate forum, the proffered resolution comes in the form of an agreed settlement. Parties may resolve a contested case by agreed settlement. A.R.S. §§41-1061.D., 41-1092.07.F.5.

RECOMMENDED ORDER

Wherefore, it is hereby recommended that the Registrar approve and accept the Complainants’ withdrawal of their complaints, and dismiss Case Nos. Y99-0145, Y99-0146, and Y99-0149. Done this day, April 13, 2000.

______________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of April, 2000, to:

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