ALJDEC

00F-M1424-ROC · Registrar of Contractors · 2000-11-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 31, 2000 APPEARANCES: Complainant appeared on her own behalf and Respondent appeared through its president, Ed Waters. 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. Following a prolonged discussion between the parties, during a recess in the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the settlement agreement, Respondent agreed to the following: a. Fix the roof leak on the patio cover at the area wherein said patio cover abuts the house. b. Repair any drywall damage attributable to the above-described patio roof leak. c. Paint the drip edge on the patio roof to meet the requirements of the neighborhood homeowner’s association. Complainant will provide the paint. d. Respondent will provide Complainant with a replacement sun screen that matches the existing sun screens. e. All of the above items will be accomplished in a proper workmanlike manner on or before December 1, 2000.

In exchange for Respondent’s agreement to perform the above-described remedial work, Complainant agreed to withdraw her filed complaint.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement 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 was determined 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 during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. M00- 1424, together with the Complaint upon which it is based, be closed.

Done this day, November 3, 2000

______________________________________ Mark A. Silver Administrative Law Judge

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