Vacate: Settlement Recommendation

04F-G1212-ROC · Registrar of Contractors · 2004-12-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. During the course of the hearing, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will provide to Complainants a list of properly licensed painting contractors from which Complainants will choose to contract to have the preparation and painting of the entire exterior of their home with Sherwin Williams’ highest grade paint; and b. Respondent will pay to Complainants an amount equal to the expense Complainants will incur to have the newly chosen painting contractor perform the above-described work, including labor and materials. 3. The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances presented, and the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. 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. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, December 6, 2004.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of December, 2004 to:

Israel G. Torres, 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