Vacate: Settlement Recommendation

06F-P0260-ROC · Registrar of Contractors · 2007-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 27, 2007, at 9:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared on his own behalf. 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 Respondent agreed correct the drywall, the closet doors, resurface the walkway to the Complainant’s satisfaction, cause the countertop subcontractor to correct the countertops and, utilizing a properly licensed roofing contractor, cause the Complainant’s roof to be properly corrected. The Complainant agreed to withdraw the Complaint at issue and agreed to the closing of the instant Citation. 3. The matter was held open until April 30, 2007, to allow the Respondent sufficient time to complete the agreed upon corrective actions. 4. The parties acknowledged that they understood the terms of their Settlement Agreement and entered into the Settlement Agreement voluntarily and in good faith. 5. This tribunal finds that 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. 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. 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. Done this day, May 2, 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 ___________________________ -----------------------

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