ALJDEC decisions subject to certification as final

08F-1184-ROC · Registrar of Contractors · 2008-10-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 16, 2008 APPEARANCES: Barson, Inc., doing business as Pool Works, was represented by its president and qualifying party, Alan Barr. K B Pool Supply, LLC, doing business as Jardin, was represented by its member, Kerry Richards. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT 1. K B Pool Supply, LLC, doing business as Jardin (“Respondent”), is the holder of License No. 217089, a Class K-06 contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Barson, Inc., doing business as Pool Works (“Complainant”) filed a written Complaint with the Registrar alleging that Respondent did not pay Complainant for work performed on the former’s behalf. 3. The Registrar designated Complainant’s Complaint as Case No. 08-1184. 4. The Registrar issued a Citation and Complaint in Case No. 08-1184 alleging possible violations by Respondent of A.R.S. § 32-1154(A)(7) and (11). 5. The Registrar forwarded Case No. 08-1184 to the Office of Administrative Hearings, an independent agency, for formal hearing. 6. After the commencement of the formal hearing, but prior to its conclusion, the parties announced that they had reached a settlement agreement. The essential terms of the settlement agreement were read into the record. 7. Pursuant to the terms of the settlement agreement, Respondent agreed to no longer oppose Complainant’s claim to Respondent’s bonding company for payment of the outstanding debt from Respondent’s bond. The parties consented to a closing of the Citation and Complaint issued in Case No. 08-1184. 8. The parties agreed that all rights and defenses were to be merged into the settlement agreement, and if a petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination by the Registrar shall be whether the parties have performed their respective obligations under the terms of the settlement agreement. 9. The terms of the parties’ 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 Registrar has jurisdiction over Respondent and the subject matter in this case. 2. 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. 3. 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 closing of the charges contained in the Citation and Complaint in Case No. 08-1184.

RECOMMENDED ORDER The Citation and Complaint issued in Case No. 08-1184 shall be closed on the effective date of the Order entered in this matter. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 45 days from the date of that certification. Done this day, October 16, 2008

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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