Vacate: Settlement Recommendation

07F-0224-ROC · Registrar of Contractors · 2007-02-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 1, 2007.

APPEARANCES: >The Complainant did not appear. >The Respondent appeared through Clark Friedman, its qualifying party and a member of the LLC entity.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Vacating and Remanding Order are made.

FINDINGS OF FACT

1. At the outset of the scheduled hearing, and prior to the introduction of any evidence or testimony, Respondent presented to the tribunal a written document entitled as a “Stipulation for Dismissal with Prejudice.” Such document was shown to have been duly signed by or on behalf of both parties and appeared to represent a full settlement of all matters in issue and a withdrawal of

the pending filed complaint, thereby warranting the termination of these administrative proceedings.

2. The terms and conditions of the parties’ settlement agreement were not disclosed to the tribunal, but the written Stipulation was accepted and marked as an exhibit. The balance of the hearing was thereupon recessed with the mutual understanding that this tribunal shall enter its Order vacating the balance of the administrative hearing and remanding this matter to the Registrar of Contractors, as the forwarding agency, for appropriate further action in terminating this administrative matter.

3. These administrative disciplinary proceedings are effectively cut short by the parties’ entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future alleged and proven breach of the terms of the settlement agreement will not only constitute grounds for the filing of a new complaint or a timely petition for rehearing but also shall warrant treatment as a circumstance in aggravation.

4. Nothing in the within case record appeared to indicate that the terms of the foregoing settlement agreement were other than fair and reasonable under all the circumstances nor that such agreement was the product of other than knowing and voluntary action on the part of each party.

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 which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, not shown to have been unreasonable or involuntarily made, warrants the termination of the instant hearing and the remanding of the matter to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF HEARING AND REMANDING MATTER TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the hearing in this matter be and hereby is VACATED, and IT IS FURTHER ORDERED that this case be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: February 2, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

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