Vacate: Settlement Recommendation

08F-2286-ROC · Registrar of Contractors · 2009-01-21

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

1. Following prolonged discussions 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 are set forth herein. 2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay Complainants the sum of $2,000.00 no later than the close of business on March 1, 2009, in full satisfaction of the entire complaint presently pending before the Registrar of Contractors. In return, Complainants agreed to withdraw their complaint and to consent to the entry of an Order closing the within Citation. Furthermore, Complainants agreed to waive any warranty obligations that Respondent may owe to Complainants. 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. 4. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement. 5. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any request for a compliance hearing alleging a breach of the settlement agreement is filed in the future, the sole issue for determination shall be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement. 6. It was mutually understood that the entry by the respective parties into the settlement agreement was without any admission of fault, liability or obligation on the part of Respondent. 7. The terms of the foregoing settlement agreement were determined to be the product of knowing and voluntary action on the part of each party.

ORDER In view of the foregoing, the hearing in this matter is vacated as the parties have settled and Complainants have withdrawn their complaint.

Done this day, January 21, 2009.

Office of Administrative Hearings

__________________________ Michael G. Wales 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 _______________________________ -----------------------

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