ALJDEC

00F-H0122-ROC · Registrar of Contractors · 2000-06-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 24, 2000 APPEARANCES: Complainant Merlyn Coffman appeared on his own behalf. Respondent appeared through its president and qualifying party, Bill Robertson. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ FINDINGS OF FACT

Following the commencement of the hearing in this matter, the parties concluded a settlement agreement, the essential terms of which were read into the record and acknowledged by the parties. Pursuant to the settlement agreement, Complainant Merlyn Coffman agreed to dismiss his complaint against Respondent Elegant Custom Homes Inc. (“E.C.H.”) on the following terms, all of which were incorporated into a writing signed by the parties: “E.C.H. shall apply Pleko Madrid material to affected cracks. Home shall be primed for Coffmans’ painter to apply elastomeric paint already contracted for. Project repairs shall be started by June 2, 2000 and substantially finished by June 10th. Payment of remaining balance to be paid upon completion.”

The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances, and the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 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. The settlement reached and submitted, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge recommends that the Citation and Complaint in Case Number H00-0122 be dismissed.

Done this day, June 8, 2000.

______________________________________ Daniel G. Martin Administrative Law Judge

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

Michael P. Goldwater Registrar of Contractors Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

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