ALJDEC

01F-F0192-ROC · Registrar of Contractors · 2001-09-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

_____________________________________________________________________

HEARING: September 14, 2001.

APPEARANCES: The Complainant appeared through its President and Qualifying Party, Gary Bunker; The Respondent appeared through its President and Qualifying Party, Mike Reilly.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

Evidence and testimony were presented, and based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

Prior to the presentation of evidence and testimony by Complainant in rebuttal after both Complainant’s case-in-chief and the Respondent’s defense had been presented, and following discussions between the parties, it was confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainant agreed to accept, a specified total monetary amount in full satisfaction of the complaint presently pending before the Registrar of Contractors. Respondent further agreed to and did deliver a major portion of the stipulated settlement sum at the hearing and to transmit the balance no later than a stated deadline date. Complainant additionally agreed to withdraw its complaint and to consent to the entry of an Order dismissing the within Citation without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by Respondent of the future payment terms of the 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, Respondent must be and hereby is advised that any future breach of the payment terms of the settlement agreement will not only constitute grounds for the filing of a new complaint but also shall warrant treatment as a circumstance in aggravation.

4. 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 issue for determination shall be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement

5. It was mutually understood that the entry by the respective parties into the settlement agreement was without any admission of fault, liability or obligation on the part of Respondent, and correspondingly without any admission by Complainant that it was not entitled to greater benefits. 6. Since no written directive was issued to Respondent by the Registrar’s assigned Inspector, no valid reason is perceived for the Registrar not to approve and adopt that portion of the parties’ settlement providing for the dismissal of the entire Citation and Complaint in this case.

7. 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 dismissal of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case Number F01-0192 be dismissed.

Dated: September 18, 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