ALJDEC

00F-G0325-ROC · Registrar of Contractors · 2000-08-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 28, 2000 APPEARANCES: Complainants: Gary Lee appeared at the hearing pro se. Respondent: Nelson Ewing, Esq., of the firm of Witasick & Parker represented Aricorp Construction Company; Mike Broadway, Qualifying Party. Registrar of Contractors Inspector: John Ratcliff. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on August 28, 2000 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in the Complainants having filed their complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record, the agreement having been reduced to writing. The written settlement agreement has been placed into the record by the undersigned Administrative Law Judge sua sponte. 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 as follows: (1) to hire licensed subcontractors to perform the proper preparations to the exterior of the home and to repair the existing cracks in the stucco, followed by application of Elastomeric paint to the surface; (2) to repair and seal the subject vega(s); (3) the contractor agrees to submit to the homeowners its plan for the repair operation within days of the hearing; and (4) Respondent promises to effect the necessary repairs within 45 days of the date upon which the plan is approved by the homeowners. Complainants, in turn, agree to withdraw their[1] complaint before the Registrar of Contractors. 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 adjudicative tribunals. 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. G00-0325, together with the Complaint upon which it is based, be dismissed. Set forth this 28th day of August 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 ___________________________

----------------------- [1] Toni Lee was not present at the hearing as she is currently hospitalized. Mr. Lee assured both the Respondent as well as the Administrative Law Judge that he was authorized to speak on his wife’s behalf.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826