Vacate: Settlement Recommendation

07F-L0218-ROC · Registrar of Contractors · 2007-05-29

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 29, 2007 at 1:15 P.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 his Complaint. Discussion ensued by and between the parties. Thereafter, the parties were afforded the opportunity to craft a settlement agreement the essential terms of which were declared on the record. For purposes of determining this matter, the obligations of the parties under their settlement 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’ settlement, Respondent K R K Drywall, Inc. has agreed to present evidence to Complainant within ten (10) days hereof that it has released its lien against the subject property. 3. Complainant Eduard Cramm, in turn, has agreed to pay $2,000. to K R K Drywall, Inc. immediately upon having been presented evidence that K R K Drywall, Inc. has released its lien against the subject property. In any event, the total transaction shall be accomplished within ten (10) days hereof. Further, Complainant Cramm agrees to withdraw his Complaint in the matter denominated L07-0218-ROC . 4. Respondent K R K Drywall, Inc. 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of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.” 5.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 affirm that they have entered into their settlement 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 their settlement 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 their settlement declared by them at the Hearing. 7. The terms of the foregoing settlement appear reasonable under all of the circumstances and the settlement 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 by the parties during the Hearing of this matter and that has been and declared on the record is found to be reasonable and voluntarily entered. . . . RECOMMENDATION IT IS RECOMMENDED that the Registrar acknowledge the settlement entered into by the parties hereto and that the Registrar make further disposition of Complaint No. L07-0218-ROC in a manner as may be appropriate in the premises.

Done this 29th day of May 2007.

__________________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 29th day of May 2007 to:

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

Edward Cramm 2378 E. Lansing Pl. Simi Valley, CA 93065

K R K Drywall, Inc. Ken Kreidel 5190 Jackrabbit Dr. Fort Mohave, AZ 86426

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

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