Vacate: Settlement Recommendation

07F-M1200-ROC · Registrar of Contractors · 2007-12-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on November 26, 2007. Complainant Stephen Hunsaker appeared on his own behalf, accompanied by his wife, Michelle Hunsaker. Rich Alcorn, Esq. represented Respondent U.S. Builders, L.L.C., doing business as Nicholas Homes Contracting. Richard Roberts, Esq. represented the interests of Landmark Interiors (“Landmark”), against which the Hunsakers have filed a complaint with the Registrar of Contractors in Case No. 07- M1284. 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. Landmark agreed to participate in the settlement of this matter and be bound by the terms thereof. 2. The terms of the aforementioned settlement agreement are as follows: a. The settlement agreement is a global settlement in that Respondent and Landmark will pay to Complainant the total sum of $2,500.00 within ten (10) business days of November 26, 2007; b. Complainant agrees to a full and general release pertaining to all cabinetry in the home, with the exception of any remaining warranty from Oakcraft, the cabinet manufacturer; and c. The parties stipulate to closing both the above-captioned matter, as well as Registrar of Contractors Case No. 07-M1284. 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 of both the above-captioned matter and Registrar of Contractors Case No. 07-M1284.

Done this day, December 4, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of December, 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