ALJDEC

00F-M1266-ROC · Registrar of Contractors · 2001-05-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 3, 2001 APPEARANCES: Complainants were represented by their attorney, Robert Stewart and Respondent appeared through its owner and qualifying party, Jim Tanner. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT

1. Subsequent to concluding the hearing in this matter but prior to the time a Recommended Decision could be entered, the parties concluded a settlement agreement, the essential terms of which were contained in a document (Stipulation to Resolve Complaint) which was transmitted to the Office of Administrative Hearings. A copy of said document is attached hereto.

2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed, among other things, to accomplish specified remedial work and Complainants agreed to withdraw the filed complaint.

3. By virtue of the agreement contained in the aforementioned Stipulation to Resolve Complaint, all rights and defenses are merged into the settlement agreement set forth in said document and 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 aforesaid settlement agreement.

4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement appears to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW

1. 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 by all tribunals.

2. The settlement reached and submitted, having been found to be reasonable and voluntarily made, warrants the termination of the instant complaint.

. . .

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. M00- 1266, together with the Complaint upon which it is based, be closed.

Done this day, May 8, 2001

______________________________________ Mark A. Silver 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