Vacate: Settlement Recommendation

08F-0623-ROC · Registrar of Contractors · 2008-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on June 17, 2008. Mary Schneider appeared on behalf of Complainant Arizona Department of Revenue (“ADOR”). Mike Disrud appeared on behalf of Respondent Innovative Outdoor Environments, 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. By June 24, 2008, Mr. Disrud will call Ms. Schneider to advise that Respondent’s delinquent Transaction Privilege Tax (“TPT”) returns from January 2006 through May 2008, are ready for her to pick up at his residence; b. Upon receipt of the TPT returns, ADOR will calculate the additional tax liability due and owing from Respondent; c. Upon the calculation of the additional tax liability, the parties will stipulate to an acceptable payment schedule; d. Respondent will renew its contracting license and its bond within two months of the hearing date; and e. Upon receipt of the delinquent TPT returns, ADOR will withdraw its filed ROC complaint against Respondent. 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, June 17, 2008. _________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of June, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

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