ALJDEC

01F-R0184-ROC · Registrar of Contractors · 2002-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 10, 2002 APPEARANCES: Assistant Attorney General Dawn Walton Lee on behalf of the Registrar of Contractors; Gary Smith, Esq. on behalf of D PP Custom Homes, Inc. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ 1. This matter involves allegations that Respondent is in violation of A.R.S. §32-1154(A)(21) in that it has an individual listed on its license that is on the license of Desert Palm Properties, Inc., which has been revoked. 2. Prior to convening the hearing, the Complainant and Respondent entered into a settlement outside of the Administrative Law Judge’s presence. When the hearing convened, the parties presented to this Tribunal a settlement agreement regarding this matter. 3. The settlement agreed to by the above-mentioned parties provides that Respondent’s Class B license, license number 160642, shall be revoked fifty days after the effective date of the order issued by the Director of the Registrar of Contractors unless the Registrar of Contractors receives written proof from the Respondent that it has resolved the underlying complaint in this matter. The settlement agreement further provides that in the event that Respondent presents written proof of resolution of this matter to the Registrar of Contractors within the above-mentioned time frame, then no license revocation shall take place and Case Number R01-0184 shall be closed. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of the parties. 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 ORDER In view of the foregoing, it is recommended that the above-mentioned settlement agreement be approved and that Respondent’s Class B license, license number 160642, shall be revoked fifty days after the effective date of the order issued by the Director of the Registrar of Contractors unless the Registrar of Contractors receives written proof from the Respondent that it has resolved the complaint underlying this matter. It is further recommended that in the event that Respondent presents written proof of resolution of this matter to the Registrar of Contractors within the above-mentioned time frame, then no license revocation shall take place and Case Number R01-0184 shall be closed. Done this day, January 25, 2002.

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002 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