Vacate: Settlement Recommendation

07F-2370-ROC · Registrar of Contractors · 2007-12-20

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 18, 2007.

APPEARANCES: >The Complainant appeared through its President and qualifying party, Jimmy G. Lewallen, and through its Vice-President, Amy Mangione. >The Respondent appeared through its President and qualifying party, Bryce Anthony Campo.

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. Following discussions between the parties during a prolonged recess shortly after the formal convening of the scheduled hearing and prior to the introduction of any evidence or testimony, the parties informed the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read upon the record. 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 Department, for appropriate further action in terminating this administrative matter.

2. Pursuant to the terms and conditions of the concluded settlement agreement, the Complainant agreed to withdraw the complaint filed with the Registrar in this action relating to the Carper jobsite project together with three other separate complaints filed against Respondent, relating respectively to the Kort, Bailey and Dan Sanderson jobsite projects. Such other cases are presently pending with the Registrar and have not been forwarded for hearing. Respondent agreed to withdraw its four separately filed complaints against Complainant with the Registrar relating to the Carper, Kort, Bailey and Dan Sanderson jobsite projects, all such cases presently pending with the Registrar and not yet forwarded for hearing.[1] The parties additionally mutually agreed that, if all matters in issue between the parties are not otherwise resolved, any future filings of complaints, counterclaims, set-offs or cross-complaints would be with appropriate civil tribunals and not with the Registrar of Contractors.

3. The concluded settlement agreement effectively constituted a merger of all of Complainant’s rights and all of Respondent’s defenses. If any future proceedings should become necessary, the sole issues before the Registrar shall be whether the parties have complied with their respective obligations under the parties’ settlement.

4. It was mutually understood that the entry by the respective parties into the settlement agreement was without any admission of fault, liability or obligation on the part of Respondent, and correspondingly without any admission by Complainant that it was not entitled to greater benefits.

6. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of 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, having been found to be reasonable and voluntarily 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: December 24, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

----------------------- [1] Although both parties had expressly avowed that they would promptly furnish to and file with the undersigned Administrative Law Judge all of the applicable Case Numbers relating to the above-identified jobsite projects involved in the various other cases presently pending with the Registrar, so as to enable inclusion of such numbers in this submitted ruling, no subsequent information was filed with this tribunal by either party after the passage of over three days.

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