Vacate: Settlement Recommendation

07F-M2420-ROC · Registrar of Contractors · 2008-11-20

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30, 2008 and November 20, 2008.

APPEARANCES: >The Complainant was represented by her attorney, Christopher D. Lonn, Esq. >The Respondent appeared through its President and qualifying party, Troy Jay Teague.

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 discussions between the parties during a prolonged recess taken during the mid-day break at the further hearing session, with the Administrative Law Judge remaining present for the last portion of such discussions, the parties concluded a settlement agreement, the essential terms

of which were read upon the record. The hearing was thereupon recessed with the mutual understanding that this tribunal shall enter its Order vacating the balance of the administrative hearing and remanding this matter to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating this administrative matter.

2. Pursuant to the terms and conditions of the concluded settlement agreement, the Respondent agreed to properly perform specified further work on the jobsite through appropriately licensed specialty contractors no later than a stated deadline date, as well as to obtain and pay for any appropriate permit reinstatement. Complainant agreed to directly pay the amount of an invoice from an identified third party, and to grant reasonable and timely access to the premises to Respondent’s representatives, subject to reasonable advance notice, so as to enable tthe performance of the agreed work. The Complainant also agreed to withdraw her filed complaint in this administrative action and to consent to the entry of an Order by the Registrar closing the within Citation as resolved and settled. Lastly, the parties’ settlement agreement expressly provided for the execution and exchange of mutual releases from any and all claims arising out of the parties’ previous dealings.

3. 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, Respondent must be and hereby is advised that any future alleged and proven breach of the work or the permit 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 provided that an alleged and proven breach by Respondent of the terms of the concluded settlement would entitle Complainant to re-open her entire complaint as filed with the Registrar.

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 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 hearing and the remanding of the matter to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF HEARING AND REMANDING MATTER TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the further hearing in this matter be and hereby is VACATED, and IT IS FURTHER

ORDERED that this case be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: November 21, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Armando Contreras, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906 -----------------------

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