Vacate: Settlement Recommendation

07F-2631-ROC · Registrar of Contractors · 2008-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 19, 2008

APPEARANCES: Complainants appeared on their own behalf and Respondent appeared through its president and qualifying party, Bryce Campo. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencement of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. The pool light remains in place, where it is currently installed. b. Respondent will move the diving board to a location to be approved by Complainants. Complainants will sign-off on the proposed relocation before the actual moving of the diving board takes place. c. Any existing cracks in the pool deck shall be repaired by Complainants. Respondent will provide either a representative from Preferred Coloring or Wolverine Deck to provide Complainants instructions on how to repair the cracks. (These are minor cracks that are within standards, however Complainants continue to be dissatisfied with the color of the open cracks). d. Respondent will remove the rust streaks from the upper portion of the pool shell. This will require Respondent to drop the water level of the pool several inches. e. Respondent will patch and paint the cracks in the courtyard wall. In addition, Respondent will complete a patch and paint repair under the trim kit for the refrigerator. f. All remedial work must be completed by Respondent on or before August 14, 2008. Respondent will provide Complainants with at least 48 hours notice of its intent to be on their property to perform the remedial work. g. Respondent will pay Complainants the total sum of $2,000.00 on or before August 14, 2008. h. Complainants agreed to withdraw the filed Complaint.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new Complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement were determined to be the product of knowing and voluntary action on the part of each party.

5. Based on the settlement agreement, the hearing was vacated. 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 of settlement 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 voluntarily made, warrants the termination of the instant hearing.

ORDER

In view of the foregoing, it is recommended that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the referring Agency for appropriate disposition.

Done this day, June 23, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

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