ALJDEC

01F-1914-ROC · Registrar of Contractors · 2002-04-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|GUY AND MARYCE MIMRIC, | | No. 01F-1914-ROC | | | | | |Complainants, | |RECOMMENDED DECISION | | | |OF THE ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 022006, Class C-37R | | | |SCOTTSDALE PLUMBING CO., INC., | | | |(CORP.), | | | | | | | |Respondent. | | | | | | |

On April 26, 2002, a disciplinary hearing was scheduled to determine if the Respondent’s license should be disciplined pursuant to A.R.S. §32- 1154(A) & (B). Attorney Jim Palecek represented the Complainants. Attorney Jeff Shumway represented the Respondent. Prior to convening this disciplinary hearing, the parties informed the undersigned Administrative Law Judge that a settlement had been reached by the parties in this matter. Attorney Jeff Shumway dictated the terms of the Settlement Agreement on the record in this matter.

FINDING OF FACT 1. The Settlement Agreement is as follows: a. The Respondent shall pay the Complainants $3,500.00 within one week of the date of this hearing; and b. The Complainants shall release the Respondent from all warranties, including implied and express warranties.

CONCLUSIONS OF LAW 1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in Finding of Fact #1 and as set forth on the record in this matter by Attorney Jeff Shumway. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainants from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for case closure.

Done this day, April 26, 2002.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of April, 2002, to:

Michael P. Goldwater Registrar of Contractors 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