ALJDEC

00F-1966-ROC · Registrar of Contractors · 2000-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 26, 2000, adjourned and set to reconvene on July 12, 2000 at 9:00 A.M. APPEARANCES: Complainant : Jeanne Tessier appeared at the hearing pro se; Witness Lewis A. Goodman. Respondent : John R. Ryan, Vice President and Qualifying Party, represented Goettl Air Conditioning, Inc.; Michael Walters, Manager. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on May 26, 2000 at the Office of Administrative Hearings in Phoenix, Arizona. The hearing proceeded to exhaust the time allotted on the docket for the submission of evidence and the matter was adjourned for further hearing on July 12, 2000. On June 22, 2000, Complainant filed with the Administrative Law Judge a cover letter indicating Complainant’s desire to withdraw her complaint based upon a settlement reached by the parties. Accompanying the cover letter is an agreement executed by the parties. Exhibit A. The parties, having been afforded the opportunity to resolve their differences and to craft a settlement agreement manifesting their resolution, have followed the directives of the Administrative Law Judge and have presented same for consideration. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees (1) to continue Complainant’s extended warranty for a period of five years from the date of installation; (2) to perform a diagnosis of the subject unit’s condition during more favorable weather and make the necessary repairs to the unit to prevent it from running in the exhaust cycle for longer than the prescribed ten minutes; and (3) to reimburse Complainant the sum of $207.85, one-half of the amount paid by Complainant for service calls made by an alternative provider in an attempt to remedy the problem. Complainant, in turn, agrees to withdraw her complaint before the Registrar of Contractors, the complaint which was the subject of this hearing. Exhibit B. The parties stipulate that by this agreement neither party has, in any particular or to any effect, waived respective contractual rights. Further, both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issue(s) presented before it. 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. 00-1966, together with the Complaint upon which it is based, be closed. Set forth this 22nd day of June in the year 2000.

______________________________________ Gary B. Strickland 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