Vacate: Settlement Recommendation mailed to agency and parties the

07F-G1021-ROC · Registrar of Contractors · 2009-03-04

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

1. This matter came for a Compliance Hearing pursuant to an Order Setting Compliance Hearing dated October 28, 2008. Pursuant to the Registrar of Contractors’ November 20, 2007 Decision and Order, Respondent’s Class B License (No. 108788) was ordered suspended until the Registrar received proof that Respondent rectified the items detailed in the Complaint and Corrective Work Order. 2. Prior to the hearing, the parties agreed that only one item remained for compliance, Item 2 on the Corrective Work Order, which stated that a block wall had not been stuccoed behind the block wall column. The parties also agreed that compliance was, and has been, in progress. 3. Following brief discussions prior to the presentation of evidence and testimony at the scheduled hearing, the parties confirmed that they had concluded a settlement agreement, the essential terms of which are set forth herein. 4. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed complete the block wall repair, which was currently in progress, within 30 days, said repair to include reinstallation of block “wing walls” as well as reapplication of stucco to those walls and painting of those walls, in full satisfaction of the entire complaint presently pending before the Registrar of Contractors. In return, Complainants agreed to withdraw their allegation that Respondent had not fully complied with the Registrar of Contractors’ November 20, 2007 Decision and Order and to accept Respondent’s agreement as full compliance with the November 20, 2007 Decision and Order. 5. Respondent was advised that a breach of the terms of the settlement agreement could constitute grounds for the filing of a request for another compliance hearing. 6. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement. 7. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any request for a compliance hearing alleging a breach of the settlement agreement is filed in the future, the sole issue for determination shall be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement. 8. 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. 9. The terms of the foregoing settlement agreement were determined to be the product of knowing and voluntary action on the part of each party.

ORDER In view of the foregoing, the hearing in this matter is vacated as the parties have settled and Complainants have withdrawn their complaint.

Done this day, March 4, 2009. Office of Administrative Hearings

_________________________________ Michael G. Wales Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2009 to:

William A. Mundell, Director Registrar of Contractors Legal Department 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