ALJDEC

02F-0721-ROC · Registrar of Contractors · 2002-04-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 11. 2002 APPEARANCES: Dr. Burt Webb and Michelle Webb appeared on their own behalf; Joseph Morin appeared on behalf of Joseph Morin Plumbing Co., Inc. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. During a recess of the hearing of this matter, outside of the Administrative Law Judge’s presence, the parties entered into a settlement agreement. When the hearing convened, the parties presented to this Tribunal the settlement agreement that resolved the issues contained in the filed complaint. 2. The terms of the settlement agreement consist of the following terms: (a) Respondent will re-invoice the rough-in work performed at Complainant’s home showing the amount owed for such work as being $12,869.96; (b) On April 12, 2002, Respondent will mail the above-mentioned invoice to Complainants at 5912 Foothill Drive North, Paradise Valley, Arizona 85253; and (c) Complainants are dismissing the instant complaint.

2. During the hearing, the parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the above-mentioned settlement agreement. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement is 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 of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER Based on the above, it is recommended that the above-mentioned settlement agreement be approved and that the Citation issued in Case Number 02-0721, together with the Complaint upon which it is based, be dismissed. Done this day, April 12, 2002.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 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