ALJDEC

00F-1627-ROC · Registrar of Contractors · 2000-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 12, 2000 APPEARANCES: Complainant appeared on his own behalf and Respondent appeared through its vice-president, Cary Gore. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, Respondent paid Complainant the sum of $10.00 to cover the cost for three water damaged ceiling tiles in the game room. Complainant averred that there has been no rain subsequent to the date that Respondent completed the last roof repair and thus, he had no basis to argue, at this time, that his roof had not been adequately repaired. Therefore, Complainant agreed to withdraw the filed complaint. The parties were advised regarding the applicable Registrar of Contractors’ statute of limitations on the recently repaired areas of the roof.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. 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 Citation No. 00- 1627, together with the Complaint upon which it is based, be closed.

Done this day, December 12, 2000

______________________________________ Mark A. Silver Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 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