ALJDEC

02F-0120-ROC · Registrar of Contractors · 2002-05-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ACCURATE FIRE DESIGN, | | No. 02F-0120-ROC | | | | | |Complainant, | | | | | | | |-v- | |RECOMMENDED DECISION | | | |OF THE ADMINISTRATIVE | |License No. 112902, Class L-16 of | |LAW JUDGE | |ATLAS FIRE PROTECTION | | | |SYSTEMS LLC (LLC), | | | | | | | |Respondent. | | | | | | |

On May 6, 2002, a disciplinary hearing was scheduled to determine if the Respondent’s license should be disciplined pursuant to A.R.S. §32- 1154(A) & (B). John Manche appeared on behalf of the Complainant. Ronald Fields appeared on behalf of the Respondent. Prior to the conclusion of this disciplinary hearing, the parties reached a settlement.

FINDING OF FACT 1. The Settlement Agreement is as follows: a. The Respondent shall pay the Complainant $500.00 on June 1, 2002, July 1, 2002 and August 1, 2002 (for a total of $1,500.00). b. The Complainant shall withdraw its complaint in this matter.

CONCLUSIONS OF LAW 1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in Finding of Fact #1. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainant from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for case dismissal. Done this day, May 9, 2002.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, to:

Michael P. Goldwater, Director Registrar of Contractors 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