Vacate: Settlement Recommendation

07F-R0019-ROC · Registrar of Contractors · 2007-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on January 22, 2007. Assistant Attorney General Mona Baskin represented Complainant Registrar of Contractors. Jeffery Hall, Esq. represented Respondent Red Rock Door Systems, Inc. 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’s license shall be placed on probation for a period of one year from the effective date of the Registrar of Contractors’ final Order; such probationary status my be viewed as an aggravating factor in the determination of the imposition of penalties in future cases; b. Respondent shall post within 30 days of the effective date of the Registrar of Contractors’ final Order, an additional surety bond, cash deposit, or alternative deposit for a period of twenty-four (24) months, including future renewal periods, in the amount of $1,000.00; failure to do so will result in the automatic suspension of Respondent’s license until the increase is posted; c. The Registrar of Contractors shall return at the expiration of the twenty-four (24) month period, the additional surety bond, cash deposit, or alternative deposit to Respondent if no claims are pending against Respondent’s license; d. Respondent waives the right to hearing, re-hearing, and appellate review; and e. This agreement is a matter of public record. 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, February 5, 2007.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of February, 2007 to:

Fidelis V. Garcia, Acting 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