ALJDEC

02F-F0022-ROC-COM-RES · Registrar of Contractors · 2002-12-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 30, 2002, with the record held open to December 13, 2002.

APPEARANCES: COMPLAINANT: by Whitney Cunningham, Esq. RESPONDENT: by Bruce Urdang, Esq.

ADMINISTRATIVE LAW JUDGE: Anthony Halas. _____________________________________________________________________

FINDINGS OF FACT

1. Immediately prior to the formal opening of the scheduled consolidated hearing on compliance, counsel for each party confirmed to the presiding Administrative Law Judge that the parties had agreed to settle each case. 2. Subsequently, on December 27, 2002, the parties filed a separate STIPULATION TO DISMISS each of the complaints in these consolidated matters, for the reason that all matters at issue in each case had been settled. Each stipulation (Attached hereto as Exhibits A and B) was jointly- executed by counsel on December 24, 2002. 3. At the time of hearing, the parties were advised by the undersigned that, by virtue of the settlement of each case, all rights and defenses of the parties would be and have been merged therein, and if any petition for further hearing or for a rehearing is filed, the sole issues for determination by the agency will be whether the parties have performed their respective obligations pursuant to settlement. 4. Each STIPULATION TO DISMISS appears to the undersigned to be fair and reasonable under all the circumstances, and it is found to have been the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The law favors settlement of disputes. The parties to a proceeding such as this should be free to resolve their differences by entering into settlement agreements or stipulations, and such should be recognized and given effect by tribunals. 2. Each stipulation to dismiss having been reasonably and voluntarily made, reached in good faith and without coercion, now warrant dismissing the charges alleged in each CITATION AND COMPLAINT in Case Nos. F00-0313 and F02-0022.

RECOMMENDED ORDER

In view of the foregoing, IT IS RECOMMENDED that the STIPULATION TO DISMISS each case be adopted by the Registrar of Contractors, and that the CITATIONS in Case Nos. F00-0313 and F02-0022, and the COMPLAINTS upon which they are based, be dismissed. Done this day, December 31, 2002.

______________________________________ Anthony Halas Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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