Vacate: Settlement Recommendation

07F-M1198-ROC · Registrar of Contractors · 2008-06-11

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 10, 2008.

APPEARANCES: >The Complainant appeared in her own behalf. >Respondent, Regis Development, Inc., appeared through its President and qualifying party, Thomas F. Siebolt. >Respondent, Arizona Well and Pump, LLC, appeared through its qualifying party and a member of the LLC entity, Glen Edward Alder.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ______________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Vacating and Remanding Order are made.

FINDINGS OF FACT

1. Following further discussions between the parties during a prolonged recess taken during the presentation of Complainant’s cases in chief, with the Administrative Law Judge remaining present, the parties concluded a settlement agreement, the essential terms of which were read upon the record. The balance of the hearing was thereupon recessed with the mutual understanding that this tribunal shall enter its Order vacating the balance of the scheduled consolidated hearing and remanding these matters to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating both of these administrative proceedings.

2. Pursuant to the terms and conditions of the concluded settlement agreement, the Respondents agreed to pay or tender and Complainant agreed to accept a specified total monetary sum, payable in two equal described amounts, one by each named Respondent, on or before stated deadline dates, in full satisfaction of any and all claims arising under the parties’ prior dealings. The Complainant also agreed to withdraw both of her filed complaints in these administrative actions and to consent to the entry of an Order by the Registrar closing the within Citations as resolved and settled. Complainant further agreed to share her received payments from Respondent equally with her neighbors, Juan and Nahieli Gallardo, both of whom were present during the entire hearing session.

3. The overall settlement agreement additionally encompassed the resolution of two other filed complaints presently pending before the Registrar, filed against each of the same two named Respondents by Mr. and Mrs. Gallardo, one of which was under Case Number M07-0797. Those

Complainants would share in the proceeds of the payments from Respondents transmitted to or through the Complainant named in the above-entitled matter, and they (Mr. and Mrs. Gallardo) expressly agreed to promptly notify the Registrar of the withdrawal of their filed complaints.[1] With respect to their Complainant against Regis Development, Inc., it was agreed that no later than the aforementioned extended deadline date, Regis would pay to Mr. and Mrs. Gallardo additional monetary amounts in full satisfaction of all other claims contained in their filed complaint against such contractor.

4. These administrative disciplinary proceedings are effectively cut short by the parties’ entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondents must be and hereby are advised that any future alleged and proven breach of the payment terms of the settlement agreement will not only constitute grounds for the filing of a new complaint or a timely petition for rehearing but also shall warrant treatment as a circumstance in aggravation.

4. The concluded settlement agreement effectively constituted a merger of all of Complainant’s rights and all of both Respondents’ defenses. If any future proceedings should become necessary, the sole issues before the Registrar shall be whether the parties have complied with their respective obligations under the parties’ settlement.

5. It was mutually understood that the entry by the respective parties into the settlement agreement was without any admission of fault, liability or

obligation on the part of either Respondent, and correspondingly without any admission by Complainant that she was not entitled to greater benefits.

6. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

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 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 reasonable and voluntarily made, warrants the termination of the instant consolidated hearing and the remanding of the matters to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF CONSOLIDATED HEARING AND REMANDING MATTERS TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the consolidated hearing in this matter be and hereby is VACATED, and IT IS FURTHER ORDERED that these cases be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: June 13, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906

----------------------- [1] Two separate complaints, presently about to be Cited, have been filed by Juan and Nahieli Gallardo against the respective Respondents named in this action. The Case Number of M07-0797 was disclosed for one of those cases, presumably that filed by them against Regis Development, Inc., but the number of the other case was either unknown at the time or otherwise not disclosed during the hearing session.

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