Vacate: Settlement Recommendation

07F-2735-ROC · Registrar of Contractors · 2008-04-10

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 10, 2008.

APPEARANCES: >The Complainant did not appear. >The Respondent appeared through Dave Kendall, its General Manager and an authorized corporate employee.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ________________________________________________________________

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

FINDINGS OF FACT

1. Following the denial by the undersigned Administrative Law Judge of a belatedly filed motion the day prior to the scheduled consolidated hearing to continue such hearing in the above matters, a ruling that was not memorialized by any written Order due to time constraints but was otherwise communicated to all parties, Complainant shortly thereafter filed confirmation that the parties had concluded a settlement agreement, also requesting that the pending complaints be withdrawn and that the hearing be canceled. Once again, the lateness of such filing precluded an advance formal ruling on the motion to vacate, and the consolidated hearing did convene, as scheduled.

2. At the outset of the scheduled consolidated hearing, Respondent verified that the parties had reached a settlement that encompassed not only the above numbered cases but also several other cases that were identified in the agreement but not the subjects of the consolidated hearing. The filed agreement, signed on behalf of both parties and warranting a closing of the respective Citations and Complaints, was marked as an exhibit and admitted as part of the hearing record. A copy of said settlement agreement shall be incorporated in and attached to this Order as Exhibit 1.

3. The balance of the hearing was thereupon recessed with the express understanding that this tribunal shall enter its Order vacating the balance of the consolidated administrative hearing and remanding these matters to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating these administrative matters.

4. 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.

5. 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 scheduled hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant consolidated hearing and the remanding of the matters to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF CONSOLIDATED HEARING AND REMANDING MATTERS TO FORWARDING AGENCY

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

Dated: April 11, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906

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