Vacate: Settlement Recommendation

06F-G1837W-ROC-com · Registrar of Contractors · 2008-02-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2008 APPEARANCES: Complainants appeared on their own behalf and Respondents were represented by their attorney, Ingborg Cox. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

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. Prior to commencement of the instant compliance hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record and contained in the attached document, entered into evidence as Respondent’s exhibit no. 1.

2. Pursuant to the terms of the aforementioned settlement agreement, Respondents paid the sum of $3,500.00 to Complainants, at the hearing site. Complainants agreed to withdraw the filed complaint. Although the payment of this sum resolved any and all claims that Complainants may have against Respondents, whether known or unknown, the exception involves the five (5) year warranty on the pool plaster. The parties agree and understand that this warranty on the pool plaster remains in effect.

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, March 3, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

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