Vacate: Settlement Recommendation

06F-S0191-ROC · Registrar of Contractors · 2006-12-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The administrative hearing of this matter was convened in the Office of Administrative Hearings, Tucson, on December 7th, 2006. At the call of the case it was made known to the record that the parties had achieved a settlement agreement. The settlement agreement was read into the record and ratified by both parties as their knowing and voluntary action. The agreement is basically that Respondent will properly correct the remaining items of Complainants’ Complaint, on or before the effective date of this Order. Specifically, the parties agreed that Respondent would properly correct the following items: 3. correct the concrete slab crack; 5. correct the pocket door; 7. correct the top of the window in the study only; 9. wall texturing has been completed, but Respondent agrees to paint; 14. properly complete any and all touch-up painting; 15. correct visible dry wall seams in the ceiling, and 27. correct any and all areas of grout that have paint on them. The parties further understood and agreed to a closure of this case as settled in the event that the Respondent properly performs correction/completion of the remaining items. The parties further agreed and understood that in the event of failure by Respondent to make the corrections/completions on or before the effective date of the Order, the Complainants can request a compliance hearing be held which would be limited to issues surrounding the performance of the settlement agreement.

Parties to a contested case may resolve their differences by informal agreement. A.R.S. 41-1092.07.F.5. Wherefore it is hereby ordered vacating this matter from the OAH docket and remanding same to the Registrar of Contractors with a recommendation that the parties’ settlement agreement be approved and adopted as the final agency decision in this matter. Done this day, December 13th, 2006.

__________________________________ Grant Winston Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2006 to:

Fidelis V. Garcia, Acting Director Registrar of Contractors 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