ALJDEC decisions subject to certification as final

08F-1279-ROC · Registrar of Contractors · 2008-11-19

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 19, 2008 APPEARANCES: Ron Self appeared for Complainant; Raymond W. Garcia, Jr. appeared for Respondent. ADMINISTRATIVE LAW JUDGE: Michael G. Wales _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT 1. Following discussions in the presence of the Administrative Law Judge, and prior to the presentation of evidence and testimony at the scheduled hearing, the parties confirmed that they had concluded a settlement agreement, the essential terms of which were set forth on the record and are set forth herein. 2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed the total amount owed to Complainant for work performed on the Arizona Native Species project at 455 N. Galvin Parkway, for the period December 2006 to March 2007, was $32,408.00. Respondent further agreed to make a $5,0000

down-payment to Complainant no later than November 23, 2008, and to pay the remaining balance in cash or by cashier’s check, no later than December 5, 2008, said payments in full satisfaction of the entire complaint presently pending before the Registrar of Contractors. In return, Complainant agreed to withdraw its complaint and to consent to the entry of an Order closing the within Citation. Additionally, Respondent agreed to waive any and all entitlements with respect to any potential future warranty work. 3. Respondent was advised that a breach of the terms of the settlement agreement could constitute grounds for the filing of a request for a compliance hearing and a breach could be considered a factor in aggravation resulting in potential license discipline. 4. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement. 5. 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 policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations 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 reasonable and voluntarily made, warrants the termination of the instant hearing and the closing of the charges contained in the Citation and Complaint.

. . .

RECOMMENDED ORDER In view of the foregoing, it is recommended that the entire Citation and Complaint in Case Number 08-1279 shall be closed as settled.[1] Done this day, November 19, 2008.

Office of Administrative Hearings

__________________________ Michael G. Wales Administrative Law Judge

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

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

By ___________________________

----------------------- [1] 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 forty (40) days from the date of that certification.

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