ALJDEC

00F-2239-ROC-com · Registrar of Contractors · 2001-10-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 3, 2001 APPEARANCES: Complainant Sharon Barden-Moss was represented by counsel Rob Stewart. Respondent Great Western Remodeling L.L.C. 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. Prior to the commencement of the hearing, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will pay to Complainant a total of $4,000.00, to be paid in two installments. b. The first installment of $2,500.00 will be paid by Respondent to Complainant no later than October 12, 2001. c. The second installment will be paid by Respondent to Complainant no later than January 5, 2002. d. The parties further agreed that upon payment in full, all disputed issues in regard to case number 00-2239 will be deemed fully satisfied and resolved, and Respondent will be relieved of all warranties, representations, and obligations concerning this matter. 3. The parties further agreed to a dismissal of this matter upon full payment by Respondent to Complainant. 4. 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 and dismiss this matter subject to Complainant’s right to seek further relief from the Registrar of Contractors should Respondent fail to comply with the terms of the above-described settlement. Done this day, October 4, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of October, 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