Vacate: Settlement Recommendation

06F-S0201-ROC · Registrar of Contractors · 2007-02-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 2, 2007, at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Gary Segal. 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 to, within two weeks if weather permits; construct a side walk (3’6” wide) from the Complainant’s front porch to connect with the new driveway. The Respondent also agreed to construct the new 16’ by 22” driveway for the Complainant. The Complainant agreed to pay the Respondent $600.00 upon the completion of the driveway and sidewalk and agreed not to use the driveway (specifically not to drive or park a motor vehicle on the driveway) for a period of twenty eight (28) days from date it is completed. The Complainant also agreed to withdraw the Complaint at issue and agreed to the closing of the instant Citation. 3. The parties acknowledged that 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, Complainant and 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. Done this day, February 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