ALJDEC

02F-A0213-ROC · Registrar of Contractors · 2002-04-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 12, 2002 APPEARANCES: Complainants appeared on their own behalf and Respondent appeared through its president, Lou Feher. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. The terms of the aforementioned settlement agreement are as follows:

a. Respondent agreed to install new vinyl floor covering in all areas of Complainants’ home that had previously been covered with vinyl floor covering. Once the new floor-covering was installed, Respondent further agreed to install new molded plastic base boards. b. Complainants have already selected the replacement material and same has been approved for installation by Respondent. c. Respondent will accomplish all of the above-described remedial work on or before April 22, 2002. d. Complainants agreed to withdraw the filed complaint.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing 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 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 during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. A02- 0213, together with the Complaint upon which it is based, be closed.

Done this day, April 15, 2002

______________________________________ Mark A. Silver 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