Vacate: Settlement Recommendation

07F-G1938-ROC · Registrar of Contractors · 2008-05-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 7, 2008 APPEARANCES: Complainant was represented by its attorney, Everett Butler and Respondent appeared through its owner and qualifying party, Jeff Wheelock. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Evidence and testimony were presented and, 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, during a recess at 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 repair all duct work patches, associated with the work previously performed by Respondent, in a proper workmanlike manner.[1] b. Respondent will provide Complainant with an appropriate credit for two (2) dampers. The credit will reflect the value of the part, as well as the labor to install said devices. c. Respondent will pay Complainant the total sum of $3,000.00 on or before May 16, 2008. d. All claims between the parties, whether known or unknown as of the time of the hearing, are resolved by virtue of this settlement. e. Complainant withdrew this 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, May 12, 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 _______________________________

----------------------- [1] Although a date for completion was not specified in the settlement agreement, the parties are on notice that this remedial work shall be accomplished within a reasonable period of time, which in this matter shall be deemed to be on or before May 30, 2008.

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