Vacate: Settlement Recommendation

03F-2336-ROC · Registrar of Contractors · 2004-02-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 27, 2004 APPEARANCES: Michael Johnson, Esq. appeared on behalf of Complainant; Doug Sandahl, president of Montecito Homes, Inc. appeared on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Wendy S. Morton ________________________________________________________________ This matter was set for a regularly scheduled hearing on January 27, 2004 at 9:00 a.m. Based upon the evidence, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDINGS OF FACT 1. Following a discussion between the parties outside the presence of the Administrative Law Judge, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Both parties testified that they are authorized to enter into the settlement.

3. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows: a). Respondent has paid Complainants the sum of $15,000.00. b). Complainants released Respondent from any liability associated with the cracking of the driveway at issue in the instant complaint. 4. In view of the settlement agreement, Complainants indicated their desire to withdraw the underlying disciplinary complaint. 5. The parties have agreed that all rights and defenses relating to this matter were to be merged into the Settlement Agreement and that should hereafter any petitions for rehearing be filed and granted, or if any new complaint was filed, the sole issue for determination shall be whether they have performed their respective obligations under the terms of the aforesaid Settlement Agreement. 6. The parties were advised and agreed that, as a result of the settlement and withdrawal of the complaint, Respondent’s official, public record with the Registrar of Contractors will reflect the instant matter as a closed complaint under the category settled, withdrawn or resolved. 7. The Administrative Law Judge determined that the terms of the Settlement Agreement were reasonable under the circumstances and were the product of knowing and voluntary action on the part of each party. 8. In light of having entered into a Settlement Agreement, Complainants and Respondent agreed to vacate the hearing in this matter. 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 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. ORDER In view of the foregoing, it is ordered vacating the hearing in this matter from the docket of the Office of Administrative Hearings. It is further ordered remanding this matter to the Registrar of Contractors for further appropriate disposition.

Done this day, February 13, 2004

______________________________________ Wendy S. Morton Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2004, to:

Registrar of Contractors Israel G. Torres 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