Vacate: Settlement Recommendation mailed to agency and parties the

07F-G1901-ROC · Registrar of Contractors · 2008-03-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 11, 2008. APPEARANCES: J. Walters Construction, Inc. was represented by its attorney, John Maston O’Neal, Esq. R G S Custom Homes, LLC, doing business as R G S Development, was represented by its attorney, Joel Sannes, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully. ______________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Order:

FINDINGS OF FACT

1. R G S Custom Homes, LLC, doing business as R G S Development (“Respondent”) is the holder of License No. 194163, a Class B-01 contracting license issued by the Registrar of Contractors (“Registrar”). 2. J. Walters Construction Co., Inc. (“Complainant”) filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondent. 3. The Registrar referred Complainant’s Complaint against Respondent to the Office of Administrative Hearings, an independent agency, for formal hearing. 4. After the commencement of the hearing, a recess was granted to allow the parties to conduct settlement negotiations. 5. The parties concluded a settlement agreement, the essential terms of which were read upon the record. 6. Pursuant to the terms of the settlement agreement, Respondent agrees to pay Complainant the sum of $4,600.00 on or before April 15, 2008. Complainant agreed to withdraw the filed Complaint. 7. 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 issue for determination shall be whether the parties have performed their respective obligations under the terms of their settlement agreement. 8. The terms of the parties’ settlement agreement was determined to be the product of knowing and voluntary action on the part of each party. 9. Based on the parties’ settlement agreement, the hearing was vacated.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. The policy of 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. 3. The settlement reached and submitted during the hearing of this matter, having been to be knowingly and voluntarily made, warrants the termination of the instant hearing.

ORDER

The hearing in Case No. G07-1901 is vacated, and the matter is remanded to the Registrar for further action.

Done this day, March 11, 2008.

_________________________________ Brian Brendan Tully 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