Vacate: Settlement Recommendation

07F-M0423-ROC · Registrar of Contractors · 2007-04-09

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 April 9, 2007 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of 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 her 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 C H I Construction Company has agreed to arrange for the reduction of the noise level emanating from the subject AC condenser unit, an appointment scheduling an assessment to be made by May 9, 2007. 3. Complainant, in turn, has agreed to withdraw her Complaint in the matter denominated M06-1423-ROC/M06-1423W-ROC. 4. Respondent C H I Construction Company 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of this matter shall be identified on the ROC website and its records as: “Closed Complaints – Resolved/Settled/Withdrawn.”[1] 5.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 to have been voluntarily entered.

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 No. M06-1423-ROC in a manner as may be appropriate in the premises. IT IS FURTHER RECOMMENDED that the Registrar dismiss Complaint No. M06-1423W-ROC.

Done this 9th day of April 2006.

____________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 9th day of April 2006 to:

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

Antoinette Gross W. Dexter Way Queen Creek, AZ 85242

C H I Construction Company Lance M. Johnson, Esq. Post Office Box 60010 Phoenix, AZ 85082-0010

D R Horton 4500 S. Lakeshore Drive, #601 Tempe, AZ 85282

By _______________________________

----------------------- [1] The Complaint was filed against C H I Construction Company. The parties do not specifically know why the D R Horton license (No. 092319) was added to the Complaint (D R Horton, Inc. is parent to C H I Construction Company).

-----------------------

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