ALJDEC

01F-2360-ROC · Registrar of Contractors · 2001-10-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 24, 2001 APPEARANCES: Complainant was represented by its President, James Newton. Respondent was represented by counsel, Robert Roos. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, the parties concluded a settlement agreement, the terms of which were read upon the record. The terms of the aforementioned settlement agreement are as follows: c. Respondent will pay to Complainant the sum of $5,000.00 by cashier’s check by 12:00 p.m. on October 26, 2001; and d. Complainant will record a release of lien on October 26, 2001. 3. The parties stipulated that the above-described settlement is a full resolution of all issues, claims and disputes arising from this project. 4. The parties further stipulated that they would file with the Office of Administrative Hearings a stipulation for dismissal once the terms of the settlement agreement had been executed. 5. The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances presented, and the product of knowing and voluntary action on the part of each party. 6. On October 30, 2001, the parties filed a Notice of Settlement and Stipulation for Dismissal, in which they indicated that they have discharged their respective settlement obligations and stipulated that the matter be dismissed with prejudice. 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Registrar of Contractors adopt the above described settlement of the parties. It is further recommended that Citation No. 01-2360, together with the Complaint upon which it is based, be dismissed.

Done this day, October 31, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of October, 2001, to:

Michael P. Goldwater, Director 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