ALJDEC

01F-A0228-ROC · Registrar of Contractors · 2001-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 24, 2001. APPEARANCES: J. Ernest Baird, Esq., appeared on behalf of Complainant. Respondent was represented by James G. Bond, Esq. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ 1. Immediately after the hearing in this matter opened, the parties requested a recess to conduct further settlement negotiations. A recess was then taken where the parties, out of the presence of the administrative law judge, entered into a settlement agreement. 2. The specific terms of the settlement agreement were read into the record and are incorporated into this recommended decision by this reference. In general, the terms of the agreement call for Respondent to remove and compact soil and repave the affected portion of the parking lot. In addition, Respondent agreed to replace a fence belonging to the Arizona Department of Transportation which had been removed but not replaced during the original work done at the site. Respondent further agreed to complete all of these repairs no later than four weeks after July 24, 2001. In return, Complainant agreed to dismiss the instant complaint and to execute a full release of liability in favor of Respondent once the work is completed. 3. The undersigned finds that under the facts of the case, the settlement is reasonable. 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 DECISION Based on the foregoing, it is recommended that the Director of the Registrar of Contractors accept the parties’ settlement in this case and dismiss the citation and complaint in this matter. Done this day, August 13, 2001

______________________________________ Gregory L. Hanchett Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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