ALJDEC

01F-0724-ROC · Registrar of Contractors · 2001-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 29, 2001. APPEARANCES: The Complainant did not appear. The Respondent appeared through its president and qualifying party, James J. Morgan. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Complainant. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. At the outset of the hearing, Respondent’s president and qualifying party, James J. Morgan announced that the parties had reached a settlement agreement shortly before the hearing convened. 2. The terms and conditions of the parties’ settlement are contained in the written Settlement Agreement dated March 29, 2001, which is attached hereto and made a part hereof. The Settlement Agreement was admitted into evidence as Exhibit 1. 3. The terms of the parties’ Settlement Agreement appeared to be fair and 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. 4. Based upon the terms of the agreement, Complainant is found to have voluntarily failed to appear at the hearing.

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 closing of the Citation and Complaint in this matter.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the parties’ Settlement Agreement be approved and that the Citation and Complaint in this matter be closed. Done this day, March 29, 2001.

______________________________________ Brian Brendan Tully Administrative Law Judge Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater, Director 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