Vacate: Settlement Recommendation

06F-G1836-ROC · Registrar of Contractors · 2007-03-08

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 March 8, 2007 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the Hearing, it was manifest that the parties might move in the direction of a resolution of the issues that had resulted in Complainant having filed his[1] Complaint. Discussion ensued by and between the parties. Thereafter, the parties were afforded the opportunity to craft a settlement, the essential terms of which were declared on the record. For purposes of determining this matter, the obligations of the parties under the settlement expressed by them on the record, if accepted by the Director of the Arizona Registrar of Contractors, are binding on one other. 2. In accordance with the terms of the parties’ agreement, Respondent Guidell Addison Faust dba America’s Energy Savers has agreed to pay one-thousand-dollars ($1,000.) to the Clatterbucks by the close of business on March 30, 2007, payment delivered through the United States Postal Service or some other equally reliable carrier to the Clatterbucks’ address of record. 3. Complainant, in turn, has agreed to withdraw his Complaint in the matter denominated G06-1836-ROC. 4. Respondent Guidell Addison Faust dba America’s Energy Savers 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of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5.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 settlement voluntarily and upon a presumption of good faith. 6. The parties have agreed that all rights and defenses relating to this matter are merged into the settlement declared by them on the record and that should, hereafter, any Petitions for Rehearing be filed and granted, or new Complaints filed related hereto, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the settlement made by them at the Hearing. 7. The terms of the foregoing settlement appear reasonable under all of the circumstances and the agreement is hereby determined the product of knowing and voluntary action by each party.

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 by the parties at the Hearing of this matter and that has been declared on the record is found to be reasonable and voluntarily entered. RECOMMENDATION IT IS RECOMMENDED that the Registrar acknowledge the settlement entered into by the parties hereto and that the Registrar make further disposition of Complaint No.G06-1836-ROC in a manner considered appropriate in the premises.

Done this 8th day of March 2007.

___________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 8th day of March 2007 to:

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

America's Energy Savers Guy Faust 1959 S. Power Road, #103 Mesa, AZ 85206

Billy J. Clatterbuck 11026 N. 81st Avenue Peoria, AZ 85345

By _______________________________ ----------------------- [1] Judy Clatterbuck, Billy Clatterbuck’s wife and whose name appears on the deed to the subject property, appeared. Billy Clatterbuck was unable appear due to necessity to assist an ill family member. Guidell Faust appeared by telephone.

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