ALJDEC

00F-1205-ROC · Registrar of Contractors · 2001-01-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 8, 2001 APPEARANCES: Complainant James E. Power, Jr., appeared personally and was represented by his attorney, Chester A. Yon, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. After the course of the scheduled hearing, but prior to its formal adjournment, both parties announced that they had reached a settlement agreement. 2. The terms of the settlement agreement were read into the record and are incorporated into this Recommended Decision by reference, as if fully set forth herein. Complainant agrees to provide Respondent with reasonable access to his home for repairs to be performed. Respondent agrees to timely perform the agreed upon remedial work to minimum workmanship standards. 3. Pursuant to the terms of the settlement agreement, Complainant and Respondent agree to the dismissal of the Citation and Complaint in this matter. 4. The parties’ settlement agreement appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of law favors settlements of disputes and adverse parties should be free to adjust their differences by entering into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement as set forth in the settlement agreement, having been found to be reasonable and voluntarily made, warrants a closing of the instant hearing and the dismissal of the Citation and Complaint as requested by the parties.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed pursuant to the parties’ settlement agreement. Done this day, January 17, 2001.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

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

By ___________________________

-----------------------

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