ALJDEC decisions subject to certification as final

06F-1939-ROC · Registrar of Contractors · 2007-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 18, 2007

APPEARANCES: Complainant appeared on his own behalf and Respondent was represented by his attorney, Richard Gramlich. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ FINDINGS OF FACT

1. Prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. Respondent will correct the inconsistencies in the grout lines on the “dam” wall, in order to provide uniformity in said grout line dimensions. In addition, Respondent will replace or re-cut any tiles on the same wall that are marked, with blue tape or other markings, by Complainant. b. Respondent will complete the above-described remedial work on or before January 31, 2007. c. Complainant 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 appeared 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, January 22, 2007

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Fidelis V. Garcia, Acting 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