ALJDEC

01F-2431-ROC · Registrar of Contractors · 2001-11-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 3, 2001. Record closed on November 2, 2001. APPEARANCES: Frances Haynes, Esq. for the Complainant; Jim Suft for the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal FINDINGS OF FACT 1. Prior to the commencement of the hearing, the parties entered into a settlement outside of the Administrative Law Judge’s presence. When the hearing convened, the parties presented to this Tribunal a settlement agreement between the parties regarding the issues contained in the filed complaint. Due to the complexity of the items and issues being addressed by the parties, it was determined that the parties would have until November 2, 2001, to file an executed settlement agreement with the Office of Administrative Hearings or the matter would be set for further hearing. 2. On November 2, 2001, the Office of Administrative Hearings received a copy of a Written Settlement Agreement/Memorandum of Understanding executed by the parties, which is attached and incorporated herein. 3. During the hearing, the parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the above- mentioned settlement agreement. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement is 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, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER Based on the above, it is recommended that the above-mentioned settlement agreement be approved and that the citation issued in this matter, together with the complaint upon which it is based, be dismissed. Done this day, November 7, 2001

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this 7th day of November, 2001, 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