ALJDEC

00F-M1234-ROC-com · Registrar of Contractors · 2001-05-08

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 8, 2001 APPEARANCES: Complainants : Jim and Julie Jarrett appeared at the hearing with counsel, Alan Holcomb, present but not participating. Respondent : B and L Pool Repair and Supply, Inc. was represented by Dale Howard, Owner. Registrar of Contractors Inspector : Van Bagley. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on May 8, 2001 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. After the hearing had commenced and evidence received, the parties were encouraged to move 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 and a copy of which is attached hereto as Exhibit A. 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 agreed to pay to the Complainants the sum of $3,850., payment made by check at the hearing. In consideration for the payment, Complainants agreed to withdraw their complaint of non-compliance. The parties stipulated that by this agreement neither party had, in any particular or to any effect, waived respective contractual rights. Further, both parties acknowledged that they entered into the stipulation and agreement voluntarily and upon a presumption of good faith. 3. 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 the tribunal with jurisdiction over the issue(s) presented. 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. M00-1234, together with the Complaint upon which it is based, be closed.

Set forth this 8th day of May in the year 2001. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater 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