ALJDEC

01F-M0320-ROC · Registrar of Contractors · 2001-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 19, 2001 APPEARANCES: Glenn Borden, President, on behalf of the corporate Complainant Dwayne Seiter, President, on behalf of the corporate Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact

1. Prior to any evidence being received on the record, the parties entered a settlement of the issues raised in the Complaint, the essential terms of which were read into the record. 2. Under the terms of settlement agreement (Agreement), the Respondent shall pay $2,500.00 to the Complainant within 60 days of March 19, 2001. The Complainant shall determine the size of the HVAC system which is presently disputed. The parties stipulated that the system should be five tons. Within 30 days of payment by the Respondent, the Complainant shall service the existing system to meet or exceed manufacturer’s and the Registrar’s HVAC specifications, and if necessary, install a five ton HVAC system. … …

3. By virtue of the Agreement, all rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed, the sole issues for determination by the agency will be whether the parties have performed their respective obligations under the terms of the Agreement. 4. The Agreement appears to be fair and reasonable under all the circumstances and is the product of knowing and voluntary action by the parties. The Agreement is incorporated into this Recommended Order by reference, as if fully set forth herein. Conclusions of Law

1. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 2. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a closing of the case.

Recommended Order

In view of the foregoing it is recommended that the Citation and Complaint in this case be closed. … … … …

Done 20th day of March , 2001

______________________________________ Allen Reed 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 ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826