ALJDEC

00F-H0186-ROC · Registrar of Contractors · 2001-03-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 1, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made: FINDINGS OF FACT 1. Respondent is the holder of a Class B License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent constructed a new residence for the Complainant. 3. As a whole the Complainant was very happy with his new residence but was dissatisfied with certain aspects. When the Respondent failed to correct the areas of concern to the Complainant’s satisfaction, the Complainant filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. Pursuant to the filing of the formal complaint, an assigned agency inspector conducted an on-site inspection and issued a written corrective work order. 5. The Respondent reported that he had complied with the terms and conditions of the corrective work order. The Complainant disagreed with the Respondent’s assertion and requested a formal hearing. 6. Following a recess at the conclusion of the hearing, the parties entered into a settlement agreement. The essential terms of which were stated for the record. 7. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to properly correct, perform and complete caulking repairs to the Complainant’s residence and to complete and touch up a stucco repair to the exterior of the residence. All such work is to be completed by April 1, 2001. The Complainant agreed to withdraw his complaint and to the closing of the citation. 8. The parties agreed that all rights and defenses were to be merged into their settlement agreement and that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement. 9. The Agreement was shown to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals. 2. The parties’ settlement agreement warrants the termination of the hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that Citation No. H00- 0186 be closed in a manner to be determined by the Registrar of Contractors. Done this day, March 15, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 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 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488