Vacate: Settlement Recommendation

03F-UM0210-ROC · Registrar of Contractors · 2003-07-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 8, 2003 APPEARANCES: Arizona Assistant Attorney General Mona Peugh-Baskin, appeared on behalf of the Registrar of Contractors (‘ROC”). George Allen Cavalliere (“Defendant”) appeared on his own behalf ADMINISTRATIVE LAW JUDGE: Michael L. Barth ________________________________________________________________ FINDINGS OF FACT 1. At the outset of the hearing, the Defendant and the ROC manifested movement in the direction of a resolution of the issues that had resulted in the ROC having filed its Complaint. The parties were, therefore, afforded the opportunity to craft a stipulation, 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 Stipulation set forth below, if accepted by the Director of the ROC, are binding on each other. 2. Both parties acknowledge that they enter into this Stipulation voluntarily and upon a presumption of good faith. 3. The terms of the foregoing Stipulation appear reasonable under all of the circumstances and the Stipulation is hereby found 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 that should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. The Stipulation reached and crafted by the parties during the hearing of this matter and that has been submitted into the record at hearing is valid as it is reasonable and voluntarily made. Order and RECOMMENDATION It is ordered vacating the hearing in this matter and remanding this matter to the Director of the ROC with recommendation for further disposition consistent with the attached Stipulation entered into by the parties. Done this day, July 28, 2003

______________________________________ Michael L. Barth Administrative Law Judge

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

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007

Mona Peugh-Baskin Assistant Attorney General 1275 W. Washington CIV/LES Phoenix, AZ 85007

George Allen Cavalliere 3805 North Brown Ave. Scottsdale, AZ 85251

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826