ALJDEC

01F-G0225-ROC · Registrar of Contractors · 2001-01-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 9, 2001. APPEARANCES: Mr. Joseph Lee appeared on his own behalf. Mr. Brad Beck, president of Respondent Sun Flooring, appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________

FINDINGS OF FACT This matter proceeded to hearing on January 9, 2001. After the close of the taking of evidence, a recess was taken to allow the parties to confer between themselves about a possible resolution to this case. The parties then, out of the presence of the administrative law judge, discussed and reached a resolution to the issues presented in this case. The hearing was then reconvened and the parties, on the record and under oath, informed the undersigned that a resolution and had been reached. The parties also informed the undersigned about the particulars of the agreement, indicating that Respondent had agreed to repay Complainant a total of $5,000 over a period of five months. The agreement specifically calls for Respondent to pay Complainant $1,000 per month for a period of five consecutive months beginning on January 25, 2001 with the last payment to be made on May 25, 2001. Each of the . . . parties was asked whether they had voluntarily entered into the agreement and each indicated that he had done so. CONCLUSIOS OF LAW 1. Public Policy favors settlement of disputes and adverse parties should be free to resolve their differences voluntarily. 2. Each of the parties indicated under oath that he had voluntarily entered into the agreement set forth above. The undersigned finds that each has voluntarily entered into the settlement, knowing its consequences.

3. Under the circumstances of this case, the agreement is fair and reasonable. Furthermore, under the facts presented, enforcement of the agreement will further the policies embodied in A.R.S. §32-1154(A). 4. The parties’ resolution of this matter warrants the immediate termination of the hearing in this case. RECOMMENDED DECISION Based on the foregoing, it is recommended that the Director of the Registrar of Contractors accept the agreement of the parties and dismiss the instant citation and complaint. Done this day, January 9, 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 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826