ALJDEC

00F-2239-ROC · Registrar of Contractors · 2001-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2001 APPEARANCES: Complainant was represented by counsel, Robert Stewart. Respondent was represented by counsel, Chandler Travis. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. During the course of the hearing, the parties concluded a settlement agreement, the terms of which were read upon the record. The terms of the aforementioned settlement agreement are as follows: c. Regarding the carpet complaint, Respondent will replace any affected tack strip, and will remove and replace the pad with a pad of comparable quality. Respondent will also clean and disinfect the damaged areas of carpet, and if the affected areas are stained and cannot be cleaned, Respondent will replace the carpet with carpet of comparable quality and color. d. Respondent will perform corrective work necessary to prevent the sidelights from leaking. Respondent will repair any damage that may occur as a result of the corrective work. e. The parties agreed to work together in order to determine appropriate remedial measures to remove the existing mold. Respondent will remove the existing mold in a manner commensurate with industry standards and will repair any resulting damage to the drywall, insulation, and tack strips. f. Complainant will provide access to Respondent Tuesdays through Fridays between the hours of 7:30 a.m. and 5:00 p.m. g. Respondent will accomplish all remedial work no later than 5:00 p.m. on April 2, 2001. 3. The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances presented, and 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 the Director of the Registrar of Contractors adopt the above described settlement of the parties. It is further recommended that Citation No. 00-2239, together with the Complaint upon which it is based, be dismissed.

Done this day, February 21, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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