Vacate: Settlement Recommendation

07F-M1191-ROC · Registrar of Contractors · 2007-08-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 27, 2007 APPEARANCES: Complainant was represented at the hearing by its attorney, Mike Schern. Respondent did not make an appearance at the hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

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. Prior to the date of the scheduled hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record by Complainant.

2. According to Complainant, pursuant to the terms of the aforementioned settlement agreement, Respondent paid the sum of $17,000.00 to Complainant on or before September September 10, 2007. Complainant agreed to withdraw the filed complaint.

3. All rights and defenses of the parties are 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. 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 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, August 27, 2007.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 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