Vacate: Settlement Recommendation mailed to agency the next working

07F-A0520-ROC · Registrar of Contractors · 2008-08-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter initially came on for video conference hearing on May 6, 2008. The hearing did not conclude and the case was set for further hearing to commence on August 5, 2008. The parties[1] reached a settlement shortly before the hearing. The general terms of the settlement[2] are: 1. The Respondent shall correct the 7/16” dip in the patio area; 2. Repair and fill in concrete which was not extended between the block wall and patio; 3. Construct the fourth wall[3] as required by Dewey-Humboldt; 4. Electrical work is to be completed by a properly licensed contractor; 5. Finish nailing and caulking; 6. Prepare the swale for proper drainage away from foundation; 7. Finish trim molding of the interior storage room doors; 8. Complete the above by September 15, 2008. [4] Conclusions of Law By virtue of the Agreement, all the rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed against the Respondent, the sole issue for determination will be whether the parties performed their respective obligations under the terms of the Agreement The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing. Order It Is Ordered that the hearing is vacated and the case is remanded to the Registrar of Contractors for disposition.

Done this day, August 5, 2008. _________________________________ Allen Reed 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 _______________________________

----------------------- [1] The parties initially represented themselves. However, each side retained counsel prior to further hearing. Greg McClure, Esq. appeared at the OAH for the Complainant. Robert Miller, Esq. appeared for the Respondent, by telephone from the ROC Office in Prescott. [2] The parties had not had time to execute a written agreement. Any such written agreement shall take precedence over the general agreement as set forth above. [3] To consist of framing and drywall with the Complainant to provide the paint and the Respondent to paint the wall. [4] Failure to perform in accordance with the agreement shall result in the Complainant requesting a Compliance hearing and any attendant attorney fees. The legal authority of the ALJ or ROC to award attorney fees if they are made part of the agreement, is not established or ruled on at this time.

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