Vacate: Settlement Recommendation

07F-2823W-ROC · Registrar of Contractors · 2008-04-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 17, 2008 APPEARANCES: Complainants appeared on their own behalf and Respondent appeared through its president, Perry Walker. 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. Respondent will perform further remedial work on the wood patch installed on the shed, in order to remove the cracks and make the patch blend in better with the adjacent wood surfaces. b. Respondent will perform further remedial work on the driveway cracks, which had been previously filled with a dark grey color caulking type material. Respondent will make the color closer to the color of the concrete, repair the cracks, and fill in the areas that have settled. c. The carport slab patching, which is very rough and uneven, will be smoothed out by Respondent and made to be level with the adjacent concrete surfaces, as well at made to be closer to the texture finish of the slab. d. The remedial work performed by Respondent will be accomplished in a proper workmanlike manner and be completed by Respondent on or before April 25, 2008. e. 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, April 17, 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