ALJDEC decisions subject to certification as final

04F-P0204-ROC · Registrar of Contractors · 2004-11-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 18, 2004 at 1:30 p.m. APPEARANCES: The Complainants appeared through their attorney, Edward Amack. The Respondent appeared through her attorney, Claudio Iannitelli. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

FINDINGS OF FACT

1. Following a discussion between the parties, near the end of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were stated on the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to release her lien against the Complainants’ residence and to forgo any additional monetary sums do to her for this construction project. The Complainant agreed to withdraw and dismiss the filed complaint and to release the Respondent from any future warranty or repair obligation for the construction project. 3. Both parties demonstrated that they knowingly, intelligently, and voluntarily entered into the settlement agreement presented during the hearing of this matter. CONCLUSIONS OF LAW

1. A general 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 above-entitled case is vacated from the calendar of the Office of Administrative Hearings and it is ordered that this matter be remanded to the Registrar of Contractors for its further action. Done this day, November 30, 2004

______________________________________ M. Douglas 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 __________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488