ALJDEC

01F-R0201W-ROC · Registrar of Contractors · 2002-01-23

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matters came on for hearing on October 31, 2001 and for further hearing on January 23, 2002. On both occasions, the Registrar of Contractors was represented by Assistant Attorney General, Victoria J. Martin, Esq. and both Respondent/Licensees were represented by their attorney, Bruce E. Rosenberg, Esq. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Immediately prior to the formal opening of the second hearing session, counsel for both parties confirmed to the Administrative Law Judge that they had concluded a stipulation of settlement, the essential terms of which were read onto the record. A written, mutually signed duplicate original of such stipulated settlement agreement was presented to the tribunal and entered as a hearing exhibit.

2. Pursuant to the provisions of the parties’ settlement agreement, both Respondents agreed to resolve each of two separate matters that had become subjects of complaints before the Registrar in a manner mutually acceptable to the parties-in-interest no later than a stated deadline date, thereafter presenting written proof of such resolutions to the Registrar.[1] The Registrar of Contractors expressly agreed that, if proof of timely compliance by Respondents is filed, the pending Citations and Complaints in this administrative action would both be dismissed with prejudice. The parties further mutually agreed that if Respondent fails to file proof of compliance on or prior to the specified deadline date, then the contracting licenses of each named Respondent would be suspended commencing on the effective date of the Registrar’s Order until such time as proof of compliance is filed, after which the Citations and Complaints in these matters would be dismissed with prejudice.

3. Respondent additionally agreed to waive any and all rights to a hearing to dispute any license suspension imposed in accordance with the above-described settlement terms. In effect, all rights and defenses of the respective parties are deemed to have been merged into the stipulated settlement agreement.

It was mutually understood that the entry by the respective parties into the settlement agreement was expressly without any admission of fault, liability or obligation on the part of Respondent, and correspondingly without any admission by the Registrar that grounds for the imposition of greater disciplinary penalties did not exist. ……. …….

5. The terms of the foregoing stipulated 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 entry of an Order by the Registrar imposing provisional license suspensions against each named Respondent commencing on the Order’s effective date unless or until proof of Respondent’s proper compliance with the terms of the settlement is filed with the Registrar, in which event the entire Citations and Complaints in the within matters shall be dismissed with prejudice.

RECOMMENDED ORDER

In view of the foregoing, it is recommended, commencing on the effective date of the Registrar’s Order, that the Class C-07 License Number 162917, of Anderson Reed Construction, Inc. and the Class B-02 License Number 119533 of Homes by Steve C. Anderson, Inc. shall both be suspended until the Registrar receives written proof that these named Respondents have appropriately resolved two identified presently pending complaints under the respective case numbers of M00-1058 and M00-1538, as set forth in and in compliance with the terms of the stipulated settlement agreement as read upon and entered into the record at the hearing.

It is further recommended that if written proof of Respondents’ compliance with the terms of the settlement is filed with the Registrar of Contractors on or before this Order’s effective date, then no license suspension shall be imposed and the entire Citations and Complaints in cases numbered R01-0201 and R01-0201W shall be dismissed with prejudice.

It is further recommended that any license suspensions imposed by the Registrar after not receiving timely filed proof of Respondent’s compliance with the settlement terms shall be promptly lifted upon the belated receipt of such proof of compliance, in which event the entire Citations and Complaints in cases numbered R01-0201 and R01-0201W shall thereupon be dismissed with prejudice.

Dated: January 24, 2002. 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 ----------------------- [1] The two identified matters were Case Number M00-1058, entitled Mesa Insulation Specialists (Complainant) vs. License Number 106853, Class B, of Tim Anderson Custom Homes (Respondent) and also Case Number M00-1538, entitled Shreeve Roofing (Complainant) vs. License Number 106853, Class B, of Tim Anderson Custom Homes (Respondent).

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