Vacate: Settlement Recommendation

06F-M1868-ROC · Registrar of Contractors · 2007-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 16, 2007 APPEARANCES: Complainants were represented by their attorney, Richard Gramlich and Respondent was represented by its attorney, Jay Graif. 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. Prior to commencement of the hearing in this matter, the parties advised that they had 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 will pay Complainants the sum of $17,000.00, or before January 22, 2007 b. Complainants will agree to withdraw the filed Complaint in this matter and that all issues in Registrar of Contractors’ case no. M06-1551 have been satisfied and resolved. c. Notwithstanding the foregoing agreement, Complainants indicated that they are reserving the right to proceed with a civil court claim against Respondent on the issue of the trusses. Once the truss issue has been resolved, Respondent will issue to Complainants the required “2-10” warranty document for their home.

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 16, 2007.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

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

By _______________________________

-----------------------

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