Vacate: Settlement Recommendation

05F-L0216-ROC · Registrar of Contractors · 2005-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 21, 2005 APPEARENCES: Susan Jensen appeared on behalf of Complainants; Tom Ramirez appeared on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Wendy S. Morton ________________________________________________________________FINDINGS OF FACT 1. This matter came on for a regularly scheduled administrative hearing. Prior to the presentation of evidence and before the conclusion of the hearing, the parties advised the Administrative Law Judge that they had reached a settlement. The essential terms of the agreement were read upon the record. 2. Both parties testified that they are authorized to enter into the settlement. 3. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. Respondent will install a flagstone coating process on the driveway and the side walk up to the front door at 3717 Swilican Bridge Road, Lake Havasu, Arizona. The foregoing work shall be completed no later than November 22, 2005. 4. In view of the settlement agreement, Complainants indicated their desire to withdraw the underlying disciplinary complaint. 5. The parties have agreed that all rights and defenses relating to this matter were to be merged into the Settlement Agreement and that should hereafter any petitions for rehearing be filed and granted, or if any new complaint was filed, the sole issue for determination shall be whether they have performed their respective obligations under the terms of the aforesaid Settlement Agreement. 6. The parties were advised and agreed that, as a result of the settlement and withdrawal of the complaint, Respondent’s official, public record with the Registrar of Contractors will reflect the instant matter as a closed complaint under the category settled, withdrawn or resolved. 7. The Administrative Law Judge determined that the terms of the Settlement Agreement were reasonable under the circumstances and were the product of knowing and voluntary action on the part of each party. 8. In light of having entered into a Settlement Agreement, the parties agreed to vacate the hearing in this matter. 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 which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 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 ORDERED vacating the hearing in this matter from the docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar of Contractors for further appropriate disposition.

Done this day, November 14, 2005.

_________________________________ Wendy S. Morton Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2005 to:

Israel G. Torres, Director Registrar of Contractors ATTN: Alicia Guerra 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