Vacate: Settlement Recommendation

07F-M1863-ROC · Registrar of Contractors · 2007-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on December 18, 2007. Complainant Gerald Sachs appeared on his own behalf. James Griffin appeared on behalf of Respondent Pinal Excavation, Inc., doing business as P E I. 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 executed an Unconditional Waiver and Release on Final Payment for the amount of $5,522.94, a copy of which is attached hereto as Exhibit “A”; b. Complainant withdraws the complaint filed herein; and c. Neither party will pursue any further claims/causes of action arising from this project, in any other forum. 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, December 18, 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