ALJDEC decisions subject to certification as final

05F-P0209-ROC · Registrar of Contractors · 2005-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30th, 2005; 1:30 p.m. APPEARANCES: Complainant, Copp Masonry, was represented by Mr. Frank Copp, Owner. Respondent, G F M Development, was represented by Mr. Michael A. Schern, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held by the Office of Administrative Hearings. Pursuant to the representations and agreements of the parties made on the record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. Respondent herein, G F M Development, LLC, is, and during all time material hereto was, a contractor licensed by and doing business in the State of Arizona, holding Class B License number 165622. 2. In this case Complainant, a masonry contractor, has filed a Complaint against Respondent alleging non-payment pursuant to certain contracts between the parties. Citation and Complaint issued from the Registrar of Contractors citing the Respondent with possible violations of A.R.S. 32-1145.A.7, and 11. 3. Notice of hearing issued from the Registrar’s office, and this hearing was duly called in the Office of Administrative Hearings. At the call of the case, the parties indicated that they had achieved a settlement of their monetary dispute, which they wished to urge upon the Registrar as the final resolution of this matter. The agreement was read into the record by counsel for Respondent, and ratified on the record by Mr. Frank Copp, Complainant’s owner. 4. The parties agreed that their settlement constitutes a full settlement of all claims arising out of the subject transactions in this Complaint, those known and unknown. 5. The parties agreed that Respondent shall pay Complainant a lump sum of $15,700.00, within 20 business days of the hearing. 6. Complainant reciprocally agreed to withdraw its Complaint No. P05- 0209. 7. Respondent’s Member and Qualifying Party, Mr. Greg McIntyre, was unable to attend the hearing owing to the need for his appearance at an arbitration hearing, but his counsel, on the record, indicated that Mr. McIntyre was fully informed of the settlement, and fully consented to it. 8. The parties agreed that if the settlement is adopted by the Registrar, that adoption will result in a closure of the Complaint as settled.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Parties to a contested case may informally resolve the matter by an agreed settlement. A.R.S. 41-1092.07.F.5. 3. Based on the terms of the settlement, any future compliance hearing that might be necessary shall be limited to the issue of whether the terms of the agreement itself have been satisfied.

RECOMMENDED ORDER In view of the foregoing it is hereby recommended that the Registrar approve and adopt the parties’ settlement agreement as the final agency Order, and that Citation and Complaint P05-0209, be closed as settled on the effective date of this Order (40 days after the date of service shown on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days from the date of that certification. Done this day, October 4th, 2005.

______________________________________ Grant Winston Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2005, to:

Registrar of Contractors Israel G. Torres ATTN: Alicia Guerra 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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