Vacate: Settlement Recommendation

06F-G1190-ROC · Registrar of Contractors · 2007-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on February 5, 2007. Complainant Charles Price appeared telephonically on his own behalf. Respondent Advent Landscaping and Curbing Enterprises, Inc. (“Advent”) did not appear. 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. At the commencement of the hearing, Mr. Price advised the tribunal that the Prices and Advent executed a settlement agreement wherein the Prices acknowledged that the deficiencies with the pond and fireplace positioning had been rectified by Advent, that all other outstanding complaints have been resolved, and that Advent tendered to the Prices a check in the amount of $2,000.00 as reimbursement for the electrical work. 2. Mr. Price withdrew the instant complaint contingent upon the $2,000.00 check clearing Advent’s bank account. 3. 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. Due to the settlement reached between the parties, the termination of the instant hearing is warranted. 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, February 6, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of February, 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