Vacate: Settlement Recommendation

06F-P0212-ROC · Registrar of Contractors · 2007-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 6, 2007, at 9:00 a.m. APPEARANCES: The Complainants appeared through Wade Carter. The Respondents appeared through Edwin Neese. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Order are made:

FINDINGS OF FACT 1. During the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a Settlement Agreement, the essential terms of which were stated for the record. 2. Pursuant to the terms of the Settlement Agreement, the Respondents agreed pay the Complainants an unspecified monetary settlement on December 6, 2007. The Complainants agreed to withdraw the Complaint at issue and agreed to the closing of the instant Citation. 3. The parties acknowledged they understood the terms of their Settlement Agreement and entered into the Settlement Agreement voluntarily and in good faith. 4. This tribunal finds the terms of the Settlement Agreement are reasonable under the circumstances and was the product of knowing and voluntary action on the part of each party thereto. 5. In light of having entered into the Settlement Agreement, the Complainant and the Respondent agreed to vacate the hearing in this matter.

CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. Termination of the instant hearing is mandated by the parties having entered into the Settlement Agreement, as well as having agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4).

ORDER Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Registrar of Contractors for further disposition. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification. Done this day, December 7, 2007. ______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2007, to:

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

By ___________________________

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Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488