ALJDEC

00F-1906-ROC · Registrar of Contractors · 2000-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 4 and 5, 2000. APPEARANCES: Complainants were represented by their attorneys, Charles H Greger, Esq., and Rodolfo Parga, Esq. Respondent was represented by its attorneys, Leo R. Beus, Esq., and Joseph M. Leal III, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the stipulated agreement between the parties, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACTS

1. During the course of the hearing of the above entitled matter, but prior to its formal adjournment, the parties concluded a settlement of the issues raised in the Complaint. 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. 3. Pursuant to the terms of the Agreement, Complainants and Respondent agree to the dismissal of the Citation and Complaint in this matter without prejudice to the Complainants refiling their complaint if Respondent does not perform the agreed upon work and pay the agreed upon sum of money. The parties agree to waive any statute of limitation for refiling the complaint with the Registrar of Contractors if done so no later than March 15, 2001. 4. The parties further agree that if the complaint in this matter is refiled, then the hearing shall continue from where it left off at the point the settlement. Any such further hearing shall incorporate the prior record. 5. The 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 the 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 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 without prejudice to the Complainants refiling their complaint pursuant to the terms of the settlement agreement.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint be dismissed without prejudice pursuant to the parties’ settlement agreement.

Done this day, October 20, 2000

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater, Director 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