ALJDEC

01F-1952-ROC · Registrar of Contractors · 2002-02-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2002 APPEARANCES: Complainant appeared on his own behalf and Respondent appeared through its owner and qualifying party, Ryan Wampler. 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, at the conclusion of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. The salient details of the settlement are as follows:

a. Respondent will pay or tender the sum of $2,000.00 to Complainant on or before February 8, 2002. The payment shall be made either in cash, cashier’s check or money order. b. Complainant agreed to withdraw the instant complaint. In addition, upon receipt of the above-described sum of money, Complainant agreed that he would immediately notify the Registrar of Contractors that all other complaints, which he filed against Respondent, as of February 6, 2002, shall also be deemed to be withdrawn. c. Complainant understands, by virtue of this settlement, that he may not re-file on any of the issues contained in the instant complaint or those set forth in the other complaints which were filed with the Registrar of Contractors on or before February 6, 2002. This aspect of the settlement will not serve to prevent Complainant from filing any future complaints with the Registrar of Contractors in regard to possible future issues, which are shown to be unrelated to the issues set forth in the instant matter or the other complaints filed with the Registrar of Contractors on or before February 6, 2002.

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 forgoing 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. 01-1952 together with the Complaint upon which it is based, be closed.

Done this day, February 8, 2002

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, 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