ALJDEC

01F-1816-ROC · Registrar of Contractors · 2001-05-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 14 and 31, 2001 APPEARANCES: Marshall Sanders, Esq. on behalf of the Complainant Guy Bluff, Esq. on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. During the course of the hearing but before the close of the evidentiary record, the parties entered a settlement of the issues raised in the complaint, the essential terms of which were read into the record. 2. Under the terms of settlement agreement (Agreement), the Respondent shall pay $6,000.00 to the Complainant within 10 days of May 31, 2001, in satisfaction of all claims the Complainant has or may have against the Respondent on the contracts at issue in this case. The Respondent expressly retained its rights under the two year statutory warranty under A.R.S. §32-1155. 3. By virtue of the Agreement, and with the exception stated in paragraph two above, all rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed, the sole issues for determination by the agency will be whether the parties have performed their respective obligations under the terms of the Agreement. 4. The Agreement appears to be fair and reasonable under all the circumstances and is the product of knowing and voluntary action by the parties. The Agreement is incorporated into this Recommended Order by reference, as if fully set forth herein. 5. As part of the settlement, the Respondent moved that this matter be dismissed rather than closed. The Complainant did not object. Conclusions of Law 1. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 2. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a dismissal of the case. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint in this case be dismissed.

Done this day, May 31, 2001

______________________________________ Allen Reed 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 ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826