Vacate: Settlement Recommendation

07F-M0024-ROC · Registrar of Contractors · 2007-10-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on October 10, 2007. Complainant Garry Hormann appeared on his own behalf. Russ Hyman appeared on behalf of Respondent Gryphon Companies, Inc. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will at its own expense replace the water closet door with a new door that will swing outward with the hinges installed on the left side; Respondent will re-use the existing trim and hardware, and will perform touch-ups with Complainant’s paint; this work will be performed within ten days of October 10, 2007; b. Respondent will investigate the breaker for the bathtub that continually trips, and will make any necessary repairs to the breaker or the wiring; c. Regarding the crack in the bathtub, Respondent will make diligent efforts to assist Complainant in contacting the warranty company to have the crack repaired or to have the bathtub replaced, if necessary; if the crack in the bathtub is due to Respondent’s underlying workmanship, Respondent will make the appropriate repairs; and d. The timeframe for repairs to both the breaker and the bathtub will be dependent upon the warranty company’s response, however, the parties agree that all work will be performed within a reasonable period of time. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, 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, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition.

Done this day, October 23, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of October, 2007 to:

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

By _______________________________

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