ALJDEC

00F-0820-BOA · Board of Appraisal · 2001-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 24 and October 25, 2001. APPEARANCES: Michelle Wood, Assistant Attorney General, appeared on behalf of the Board of Appraisal. Craig Collin, Esq., appeared on behalf of Richard Hensley. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ 1. The hearing in this matter began on October 24, 2001 and continued over to October 25, 2001. During the hearing on October 25, 2001, a recess was taken during which the parties, out of the presence of the undersigned, entered into a consent agreement and order executed by both Mr. Hensley and the Chairperson of the board. 2. Pursuant to that agreement, Mr. Hensley agreed to relinquish his Certified General Appraiser Certificate, certificate no. 30368 within ten days of October 25, 2001. He further agreed not to reapply for such a certificate for a period of ten years. In addition, Mr. Hensley agreed not to teach any appraisal courses in the State of Arizona for a period of ten (10) years. 3. The agreement also provided that Mr. Hensley would limit his appraisal practice to the scope of practice of a certified residential appraiser with the further restriction that he not perform any appraisals, appraisal reviews, or consulting assignments involving anything other than non-complex 1 to 4 residential units. 4. The agreement further provided that the Board reserved the right to audit any of Mr. Hensley’s reports and to conduct peer review as deemed necessary by the Board and further provided that at the time Mr. Hensley surrendered his certified general appraiser certificate that he would be certified by the board as a certified residential Appraiser. 5. As the parties entered into a settlement agreement, the need for any further the hearing was obviated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that this matter be returned to the Board for any further action pursuant to A.C.C. R2-19- 111(4). Done this day, November 13, 2001.

______________________________________ Gregory L. Hanchett Administrative Law Judge Original transmitted by mail this ____ day of ____________, 2001, to:

Board of Appraisal Edward C. Logan 1400 West Washington, Suite 360 Phoenix, AZ 85007

By ___________________________

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