Vacate: Settlement Recommendation

07F-L0180-ROC · Registrar of Contractors · 2007-05-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Hearing convened as scheduled, both parties present. Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered, and DECISION AND RECOMMENDED ORDER is issued. FINDINGS OF FACT 1. The Hearing convened as scheduled on May 15, 2007 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona.[1] During the Hearing, it was manifest that the parties might move in the direction of a resolution of the issues that had resulted in Complainant having filed its Complaint. Discussion ensued by and between the parties. Thereafter, the parties were afforded the opportunity to craft a STIPULATION AND AGREEMENT, the essential terms of which were read into the record and a copy of which is attached hereto as Exhibit A. For purposes of determining this matter, the obligations of the parties under the STIPULATION AND AGREEMENT set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on one other. 2. In accordance with the terms of the parties’ STIPULATION AND AGREEMENT, Respondent Sands Plumbing has agreed to withdraw any Complaint heretofore filed by it against Esmay Construction, Inc. related to the dispute and to refrain from further filing(s). 3. Complainant, in turn, has agreed to withdraw its Complaints in the matter denominated L07-0171-L07-0181-ROC (along with H07-0156-H07-0163- ROC) and pay the sum of $8,000. to Respondent by June 18, 2007. 4. Respondent Sands Plumbing acknowledges that, following ROC policy, the resolution of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5. Both parties acknowledge that they have entered into their STIPULATION AND AGREEMENT voluntarily and upon a presumption of good faith. 6. The parties have agreed that all rights and defenses relating to this matter are merged into the STIPULATION AND AGREEMENT and that should, hereafter, any Petitions for Rehearing be filed and granted, or new Complaints filed related hereto, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the STIPULATION AND AGREEMENT executed by them at the Hearing. 7. The terms of the foregoing STIPULATION AND AGREEMENT appear reasonable under all of the circumstances and the AGREEMENT is hereby determined the product of knowing and voluntary action by each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement that should be recognized and given effect by the tribunal with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached and crafted by the parties during the Hearing of this matter and that has been submitted into the record as a STIPULATION AND AGREEMENT is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the Registrar acknowledge the STIPULATION AND AGREEMENT entered into by the parties hereto and that the Registrar make further disposition of Complaint Nos. L07-0171-L07-0181 (along with H07- 0156-H07-0163-ROC) in a manner as may be appropriate in the premises.

Done this 15th day of May 2007.

___________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 15th day of May 2007 to:

Fidelis V. Garcia, Acting Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________ ----------------------- [1] The Hearing was conducted via videoconferencing technology with the Administrative Law Judge situated at the Office of Administrative Hearings in Phoenix and the parties at the offices of the ROC in Lake Havasu City.

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