Vacate: Settlement Recommendation

06F-2225-ROC · Registrar of Contractors · 2007-05-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on May 15, 2007. Complainant Thomas Pozarycki appeared on his own behalf. Dennis Wilenchik, Esq. represented Respondents Meritage Homes Construction, Inc. and Monterey Homes Construction, Inc. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, predominantly outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondents will in good faith make all reasonable efforts to dampen the noise heard in the interior of the home from the air conditioning unit at issue; b. Respondents will explore many options in their good faith effort to reduce the noise level, and may utilize a combination of those options, e.g., re-locating the unit, changing out the windows, blanketing the unit, installing roll shutters, and/or constructing a wall surrounding the unit; and c. In the event the parties cannot reach a mutually acceptable resolution of the issue, either party may request of the Registrar of Contractors that the complaint be re-opened and set for full evidentiary hearing. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, 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, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, May 16, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of May, 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