ALJDEC decisions subject to certification as final

08F-1254-ROC · Registrar of Contractors · 2009-02-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 2009 APPEARANCES: Debbie Schmaltz, Vice President, appeared for the Complainant. Robert Tokoph, President, appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact This matter came on for hearing as scheduled. Prior to the receipt of formal testimony, the parties entered negotiations resulting in the following Settlement Agreement (Agreement) The essential terms of the Agreement are that the Respondent shall pay to the Complainant the amount of Thirty Thousand-Seven Hundred and 03/100’s ($30,700.03) Dollars, plus 18% or Five Thousand-Five Hundred- Twenty Six and 01/100’s ($5,526.01) Dollars (for collection), for a total of Thirty Six Thousand-Two Hundred-Twenty Six and 04/100’s ($36,226.04) Dollars (Current Principal), plus an additional 1.5% or Five Hundred-Forty Three and 39/100’s ($543.39) Dollars, bringing the combined total to Thirty Six Thousand-Seven Hundred-Sixty Nine and 43/100’s ($36,769.43) Dollars, to be paid in six installments of Six Thousand-One Hundred-Twenty Eight and 23/100’s ($6,128.23) Dollars. Payments are to be by certified funds on the 27th of each month[1] with the first payment due on March 27, 2009. Prepayment of the Current Principal shall appropriately diminish the above referenced 1.5% or Five Hundred-Forty Three and 39/100’s ($543.39) Dollars based on the time remaining between the date of such prepayment and the date established by the Agreement for final payment. The parties further agree this Agreement resolves the issues raised in this case. Conclusions of Law 1. By virtue of the Agreement, all the rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed against the Respondent, the sole issue for determination will be whether the parties performed their respective obligations under the terms of the Agreement. 2. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 3. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a closing of the case. Order In view of the foregoing it is Ordered the hearing is vacated and the matter is remanded to the Registrar of Contractors for final disposition.[2]

Done this day, February 25, 2009

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

William A. Mundell, Director Registrar of Contractors Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

----------------------- [1] If the 27th falls on a Sunday, payment is due the following business day. [2] The decision in the case shall be effective forty (40) days from the date of the decision, or if certified by the Director of the Office of Administrative Hearings, forty (40) days from the date of certification.

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