ALJDEC

00F-T0025-ROC · Registrar of Contractors · 2000-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2000, at 1:30 p.m. APPEARANCES: The Complainant appeared through his attorney, Michael Smith. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 15, 2000. The Complainant appeared through his attorney, Michael Smith, and the Respondent appeared on his own behalf. 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. Following a recess at the scheduled hearing, the parties entered into a settlement agreement, the essential terms of which were stated for the record. 3. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to properly perform the corrective actions set forth in his letter of February 8, 2000, a copy of which is attached hereto, and incorporated herein, as Exhibit A. The parties also agreed that the Respondent would provide the labor for the installation and the first $125 for the cost of a storm door for the garage walk-through door. The Complainant agreed to be responsible for any cost over $125 for the cost of a storm door which is to be selected by the Complainant. The parties also agreed that the screen frames were the responsibility of the Complainant. The Complainant agreed to the closing of the instant citation. 4. The parties were informed that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement. 5. 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 instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. T00-0025 be closed.

Done this day, February 18, 2000.

______________________________________ M. DOUGLAS Administrative Law Judge

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