ALJDEC (decisions subject to certification as fin)

02F-1954-ROC · Registrar of Contractors · 2003-01-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 6, 2003 APPEARANCES: Barry Cohen, President of Copper Mountain Company (“Complainant”), appeared on behalf of Complainant. Jim Lange, owner of Outdoor Settings, L.L.C. (“Respondent”), appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Michael L. Barth Findings Of Fact 1. During the hearing, the parties manifested movement in the direction of a resolution of the issue(s) that had resulted in Complainant having filed its Complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record and a copy of which is attached hereto as Exhibit A. For purposes of determining this matter, the obligations of the parties under the Settlement Agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ Settlement Agreement, Respondent agrees to pay Complainant, on or before January 8, 2003, by check in the amount of $11,356.00, and to dismiss with prejudice Complaint No. 03-0358 filed with the Registrar of Contractors against Complainant. In turn, Complainant agrees to dismiss with prejudice Case No. 02-1954 and to execute a full and final release of the mechanic’s lien on the property at issue on or before January 8, 2003. The parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the Settlement Agreement and, should hereafter any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the Settlement Agreement executed by them at the hearing. 4. The terms of the foregoing Settlement Agreement appear reasonable under all of the circumstances and this Settlement Agreement is hereby determined to be the product of knowing and voluntary action by each party. CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. The Settlement Agreement reached and crafted by the parties during the hearing of this matter and that has been submitted into the record at hearing is found to be reasonable and voluntarily made. Recommended Order IT IS RECOMMENDED that the Settlement Agreement entered hereto by the parties be approved and that Case No. 02-1954 and Complaint No. 03-0358 be dismissed with prejudice.

Done this day, January 24, 2003

______________________________________ Michael L. Barth Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2003, to:

Registrar of Contractors Michael P. Goldwater ATTN: Jennifer Brown 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