Vacate: Settlement Recommendation

04F-M1856-ROC-com · Registrar of Contractors · 2006-12-21

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Hearing convened as scheduled, both parties present. Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered, and DECISION AND RECOMMENDED ORDER is issued. FINDINGS OF FACT 1. The Hearing convened as scheduled on December 210, 2006 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the Hearing, it was manifest that the parties might move in the direction of a resolution of the issues that had resulted in Complainant having filed her Complaint. Discussion ensued by and between the parties. Thereafter, the parties were afforded the opportunity to craft a settlement agreement the essential terms of which were read into the record.[1] For purposes of determining this matter, the obligations of the parties under their settlement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on one other. 2. In accordance with the terms of the parties’ settlement, Respondent C D C and Associates, Inc. agrees to pay $3,500. to Complainant Mary T. Kohler, payment in the form of a cashier’s check and delivered by the close of business January 8, 2007. 3. Complainant Mary T. Kohler, in turn, has agreed to withdraw her Complaint in the matter denominated M04-1856-ROC-com. 4. Respondent C D C and Associates, Inc. acknowledges that, following ROC policy, the resolution of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5. Both parties acknowledge that they have entered into their settlement voluntarily and upon a presumption of good faith. 6. The parties have agreed that all rights and defenses relating to this matter are merged into their settlement and that should, hereafter, any Petitions for Rehearing be filed and granted, or new Complaints filed related hereto, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of their settlement declared by them at the Hearing. 7. The terms of the foregoing settlement appear reasonable under all of the circumstances and the settlement is hereby determined 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 with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached by the parties during the Hearing of this matter and that has been and read into the record is found to be reasonable and voluntarily made. RECOMMENDATION IT IS RECOMMENDED that the Registrar acknowledge the settlement entered into by the parties hereto and that the Registrar make further disposition of Complaint No. M04-1856-ROC-com in a manner as may be appropriate in the premises. Done this 21st day of December 2006.

___________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 21st day of December 2006 to:

Registrar of Contractors Fidelis V. Garcia, Director Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

Hunsaker & Palecek, PLLC Mary T. Kohler Karen A. Hunsaker, Esq. 21 E. 6th Street, #617 James J. Palecek, Esq. Tempe, AZ 85281 5050 East Thomas Road Phoenix, AZ 85018

By ___________________________

----------------------- [1] A copy of the settlement is attached hereto as Exhibit A.

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