Vacate: Settlement Recommendation

05F-M2391-ROC · Registrar of Contractors · 2007-06-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 6, 2006 APPEARANCES: Complainant appeared on her own behalf and Respondent was represented by its attorney, John Gilbert. 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, during a recess in the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. The terms of the settlement agreement were set forth in a document prepared by the parties, and labeled for identification purposes as Complainant’s exhibit G, a copy of which is attached hereto. The settlement essentially provides that Respondent will accomplish specified remedial work within a stated period of time. In addition, Complainant is required to make certain selections of materials on or before a specified date. Complainant also agreed to withdraw the 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.

4. The terms of the forgoing settlement were 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 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, June 12, 2007.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 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