Vacate: Settlement Recommendation

06F-M1119-ROC-com · Registrar of Contractors · 2008-02-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on January 28, 2008. Complainant Serina Johnson appeared on her own behalf. Murray Zeigler, Esq. represented Respondent R Tek Services, L.L.C. 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, 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. Respondent will pay $5,000.00 to Complainants within one week of the hearing date; b. Respondent will pay to Complainants an additional $5,000.00 upon the completion of all work and Complainants’ signing of a completion form verifying Complainants’ satisfaction with Respondent’s work; c. Respondent will install baseboard in all rooms where baseboard is missing and match the baseboard to existing and also paint to match existing; d. Complainants’ SG 1000 electronic air filter in the air conditioning unit will be repaired or replaced to ensure that it is functioning properly, and Respondent will explain to Complainants how to operate the equipment; e. Respondent will repair or replace windows and the patio door in order to ensure that all are operational, properly locking, square, and leak proof; f. Respondent will correct and secure the doggie door installation; g. Respondent will replace all window screens, including the patio door screen, with screens manufactured of more durable material in order that the screens are not prone to tearing; h. Respondent will repair the back patio to ensure no further leaks; Respondent will secure the patio so that it is not prone to movement or jostling, and Respondent will replace any parts that have been broken or have fallen off; i. Respondent will “take care of the drapery rods”; and j. Respondent will immediately contact attorney John Skiba in order to attempt to have him either not file or dismiss the lawsuit he has against Complainants, and Respondent will pay Mr. Skiba up to $3,000.00. 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, February 11, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

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