ALJDEC

01F-2297-ROC · Registrar of Contractors · 2001-11-19

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 19, 2001. (Consolidated Hearing)

APPEARANCES: The Complainants were represented by their attorney, Stephen J. McFarlane, Esq. Respondent, Hardwood Floors of Arizona, appeared through its owner and qualifying party, Ronald Dale Loughridge. Respondent, Varney Construction, appeared through its President and qualifying party, Gerald Varney.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Immediately upon the formal opening of the scheduled hearing, the parties confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

Pursuant to the provisions of the parties’ settlement agreement, Respondent, Varney Construction (herein called “Varney”), agreed to cause certain specified corrective work to be properly performed on the jobsite, utilizing an named licensed specialty subcontractor for the accomplishment of the wood flooring portion of the overall remedial work, further agreeing to complete all contemplated work no later than a stated deadline date. Respondent, Hardwood Floors of Arizona (herein called “Hardwood”), agreed to share in the payment of all costs for the wood flooring portion of the remedial work. Complainants agreed to furnish identified materials for use in the cement portion of the corrective work, to withdraw their complaints against both named Respondents that are presently pending before the Registrar of Contractors and to consent to the entry of an Order closing the within Citations without prejudice to the reopening of same or the filing of new complaints in the event of any breach by Respondents of the terms of the settlement agreement.

3. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondents must be and hereby are advised that any future proven breach of the terms of the settlement agreement will not only constitute grounds for the filing of new complaints but also shall warrant treatment as a circumstance in aggravation.

All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this

matter is to be filed and granted, or if any new complaint is filed in the future, the sole issues for determination shall be whether Respondents have performed their respective obligations under the terms of the aforesaid settlement agreement.

5. The terms of the foregoing 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.

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 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 and the closing of the charges contained in the Citations and Complaints.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citations and Complaints in Cases Numbered 01-2296 and 01-2297 be closed.

Dated: November 20, 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington Street (6th Floor) Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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