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06F-1980W-ROC · Registrar of Contractors · 2007-08-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Hearing convened as scheduled, both parties present. Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered, and DECISION AND RECOMMENDED ORDER is issued. FINDINGS OF FACT 1. The Hearing convened as scheduled on August 6, 2007 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. During the Hearing, it was manifest that the parties might move in the direction of a resolution of the issues that had resulted in Complainants having filed their Complaint. Discussion ensued by and between the parties. Thereafter, the Hearing was adjourned to enable the parties to reduce their agreement to writing. On August 13, 2007, as had been directed by the Administrative Law Judge, Complainants filed a NOTICE OF WITHDRAWAL of their Complaint.[1] 2. By agreement, the specific terms of the parties’ resolution shall not be made public. 3. In consideration for Respondent’s action, Complainants have agreed to withdraw their Complaint in the matter denominated 06-1980 and 06- 1980W. 4. Respondent Monterey Homes Construction, Inc. acknowledges that, following ROC policy, the resolution of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5. Both parties acknowledge that they have entered into their agreement voluntarily and upon a presumption of good faith.

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 that should be recognized and given effect by the tribunal with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached and crafted by the parties during the Hearing of this matter and that has been reduced to writing by and between the parties is reasonable, within the requirements of applicable law, and has been voluntarily entered. . . .

RECOMMENDATION IT IS RECOMMENDED that the Registrar close Complaint Nos. 06-1980 and 06-1980W.

Done this 14th day of August 2007.

____________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 14th day of August 2007 to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

Donald and Diane Dipiero 3679 Sugarbush Dr. Canfield, OH 44406

Wilenchik & Bartness, PC Tyler Swensen, Esq. 2810 N. 3rd Street Phoenix, AZ 85004

By _______________________________

----------------------- [1] A copy of which is attached hereto.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826