ALJDEC

01F-M1244-ROC · Registrar of Contractors · 2001-12-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 27, 2001. APPEARANCES: The Complainants, Kent and Tava Udall, appeared personally. The Respondent was represented by his attorney, Gordon Dudley, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the stipulated agreement between the parties, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. During the course of the hearing of the above entitled matter, but prior to its formal adjournment, the parties concluded a settlement of the issues raised in the Complaint, the essential terms of which were read into the record. 2. Pursuant to the terms of the settlement agreement, Respondent will pay the Complainants the sum of $886.65, which is the amount of the bid from Automated Environments to complete the installation of Complainants’ home audio system, and Respondent will furnish them with the warranty documents for the electronic components of the supplied home audio system. In return, Complainants agree to dismiss their Complaint against Respondent. 3. By virtue of the settlement agreement, all the rights and defenses of the parties have been merged therein. 4. The parties’ agreement appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party, and the agreement is incorporated into this Recommended Decision of Administrative Law Judge by reference, as if fully set forth herein.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entering into agreements or stipulations of settlements which should be recognized and given effect by all tribunals. 2. The settlement as set forth in the agreement, having been found to be reasonable and voluntarily made, warrants the closing of the instant hearing with the recommendation that the Citation and Complaint be dismissed as requested by the parties.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed pursuant to the parties’ settlement agreement. Done this day, December 5, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater, Director 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