ALJDEC decisions subject to certification as final

04F-M1122-ROC · Registrar of Contractors · 2004-07-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 13, 2004 APPEARANCES: Complainants were represented by their attorney, Mike Warzynski and Respondent was represented by its attorney, Gary Smith ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to concluding the instant hearing, the parties reached a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the settlement agreement, Respondent agreed to pay Complainants the total sum of $2,000.00 on or before August 13, 2004. In this regard Respondent will prepare a formal written release and settlement document, memorializing the instant settlement agreement. The document will also indicate that the parties mutually release each other from any and all claims regarding the issue set forth in the instant complaint filed with the Registrar of Contractors. Nothing in this settlement shall be deemed to have any effect on Respondent’s obligations for possible future warranty work regarding Complainants’ home. Based on the settlement agreement, Complainants agreed to withdraw their filed complaint.

3. The parties agreed that all rights and defenses 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. In addition, Respondent stated that he was aware of the Registrar of Contractors’ license record keeping policy and procedures, as set forth in the Notice of Hearing. Nevertheless, Respondent requested under the facts and circumstances of this case, where there was no Corrective Work Order issued, that the Registrar dismiss the Citation and Complaint.

4. The terms of the forgoing settlement appeared 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.

5. Based on the settlement agreement, 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, it is recommended that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the referring Agency for appropriate disposition.

Done this day, July 19, 2004

______________________________________ Mark A. Silver Administrative Law Judge

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

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

By ___________________________ -----------------------

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