Vacate: Settlement Recommendation

07F-T1201-ROC-RES · Registrar of Contractors · 2008-05-09

HEARING: May 6, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, M.J. Murany. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a Settlement Agreement, the terms of which were stated for the record. 2. Pursuant to the terms of the Settlement Agreement, the Respondent agreed replace various dead plants, replace the yucca plants set forth in the parties’ written Agreement with an agreed upon alternative plant, treat the Complainant’s property with a pre-emergent to prevent weed growth during June and December 2008, and remove and replace the Complainant’s brick patio. The Complainant agreed to withdraw the Complaint at issue, agreed to the closing of the instant Citation and agreed to pay the Respondent’s costs for the new brick and labor for the removal and replacement of the brick patio not to exceed cost of $1,500.00. 3. This tribunal finds that the terms of the Settlement Agreement are reasonable under the circumstances and was the product of knowing and voluntary action on the part of each party thereto. 4. In light of having entered into the Settlement Agreement, Complainant and Respondent agreed to vacate the hearing in this matter. CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. Termination of the instant hearing is mandated by the parties having entered into the Settlement Agreement, as well as having agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4). ORDER Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Registrar of Contractors for further disposition. Done this day, May 7, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2008, to:

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 www.azoah.com