Vacate: Settlement Recommendation

06F-2475-ROC · Registrar of Contractors · 2007-01-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 2, 2007

APPEARANCES: Complainant appeared on his own behalf and Respondent appeared through its service manager, Jason Lader. 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, subsequent to concluding the instant hearing, the parties reached 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 agreed to resolve the dispute with Complainant’s credit card company regarding the payment to Respondent of the sum of $1,700.00. Respondent will do whatever is necessary, on or before January 12, 2007, to cause said credit card charge to be voided or cancelled from Complainant’s credit card. b. 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 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, January 8, 2007.

____________________ Mark A. Silver Administrative Law Judge

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

Registrar of Contractors Fidelis V. Garcia 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