ALJDEC

00F-L990024-BFS · Department of Building and Fire Safety · 2000-07-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 26, 2000 at 9:00 a.m. APPEARANCES: Petitioner appeared on his own behalf; Respondents appeared through their attorney, Michael A. Parham, Esq. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

The start of the scheduled hearing was delayed to allow the parties to complete settlement negotiations. The undersigned therefore makes the following Findings of Fact, Conclusions of Law and Recommended Order and presents the parties’ settlement to the Director of the Department of Building and Fire Safety for his approval and adoption. FINDINGS OF FACT 1. The parties confirmed to the administrative law judge that they had concluded a settlement agreement, the essential terms of which were read onto the record. Pursuant to the parties’ agreement, Respondents agreed to pay and Complainant agreed to accept a specified sum in full satisfaction of this complaint. Complainant agreed to withdraw its complaint and to consent to the entry of an order dismissing it. All rights and defenses of the parties are merged into the settlement agreement. But the dismissal of this administrative action does not prevent Complainant from requesting a rehearing or making a new complaint if Respondent does not timely pay the full sum promised in settlement. The terms of the settlement are fair and reasonable, under all the circumstances. Both parties voluntarily entered the settlement, knowing its consequences. CONCLUSIONS OF LAW 1. Public policy favors settlement of disputes and adverse parties should be free to resolve their differences voluntarily. 2. The settlement warranted termination of the hearing and warrants dismissal of the charges contained in the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Department of Building and Fire Safety dismiss Case No. LTA-99-0/024 against all named Respondents. Done this day, July 26, 2000.

______________________________________ Diane Mihalsky Administrative Law Judge

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

Department of Building and Fire Safety N. Eric Borg, Director ATTN: Michelle M. Castañeda East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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