ALJDEC

02F-L002004-BFS · Department of Building and Fire Safety · 2002-01-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 3, 2002; at 11:00 a.m. APPEARANCES: The Petitioner appeared through her attorney, Joseph J. Valenti. The Respondents appeared through their authorized representative, Dora C. Matias. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ FINDINGS OF FACT 1. Following a prolonged discussion between the parties, at the conclusion of the instant hearing, the parties concluded a partial settlement agreement, the essential terms of which were read upon the record. 2. The only item left at issue was the Petitioner’s request for an order, pursuant to A.R.S. §41-2198.01, that the Respondents pay the Petitioner for her filing fee in the sum of $50.00. 3. Credible evidence, presented prior to the settlement agreement, established that the Petitioner would have prevailed in the hearing had the parties not entered into their partial settlement agreement. 4. The parties were informed and agreed that all rights and defenses, apart from the Petitioner’s request for payment of the filing fee, 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. 5. The terms of the foregoing settlement were shown 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. A general 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. Section 41-2198.02 provides, in pertinent part, as follows: “If the petitioner prevails, the administrative law judge shall order the respondent to pay the petitioner the filing fee required by A.R.S. §41- 2198.01.” RECOMMENDATION In view of the foregoing, it is recommended that, on or before February 28, 2002, the Respondents be required to pay the Petitioner the sum of $50.00 for the filing paid by the Petitioner. It is further recommended that if the Respondents furnish written proof to the Department of Building and Fire Safety that they have paid the sum of $50.00 to the Petitioner, for her filing fee on or before February 28, 2002, then this Citation, and the Complaint upon which it is based, shall be dismissed. Done this day, January 15, 2002.

________________________________ M. Douglas Administrative Law Judge

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

N. Eric Borg, Director Department of Building and Fire Safety ATTN: S. Gail Hinckley East Virginia, Suite 100 Phoenix, AZ 85004

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488