Vacate: Settlement Recommendation

08F-1715-ROC · Registrar of Contractors · 2009-01-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing as scheduled. Prior to the presentation of evidence, the parties entered negotiations resulting in a Settlement Agreement (Agreement) of the case. The terms of the Agreement are that the Complainant withdraws the above captioned Complaints and the Respondent withdraws its Complaint now pending against the Complainant with the Registrar of Contractors (ROC)[1].

In addition, the Respondent (Apex) will pay $9,000.00 (Nine Thousand Dollars) to the Complainant (FWF) by 5:00 P.M. on January 16, 2009[2]. The parties further agree the instant Agreement applies to all claims known and unknown relating to the above cited cases. 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.[3]

Done this day, January 14, 2009.

_________________________________ Allen Reed Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2009 to:

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

By _______________________________

----------------------- [1] Identified as ROC Complaint No. 3413. Apex Steel Services v. Fallers Enterprises Inc. (dba FWF Steel) [2] By check to be delivered to the Complainant’s counsel. [3] 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