Vacate: Settlement Recommendation

08F-2425-ROC · Registrar of Contractors · 2009-05-12

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 12, 2009 APPEARANCES: Complainants were represented by attorney Timothy G. Kasparek; Respondent appeared through William D. Mutka, member and qualifying party. ADMINISTRATIVE LAW JUDGE: Michael G. Wales _____________________________________________________________________ 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 in the settlement agreement attached hereto as Exhibit “A”. 2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to assume the liability of a completion contractor, Elegancia Homes, LLC, to complete the corrective work described in the Corrective Work Orders attached to the settlement agreement in Exhibit “A”, in full satisfaction of the entire Complaint presently pending before the Registrar of Contractors. 3. In return, Complainants agreed to withdraw their Complaint and to consent to the entry of an Order closing the within Citation. 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, if a breach of the terms of the agreement by Respondent is proven at a compliance hearing, discipline will be imposed. 4. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement. 5. 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. The settlement agreement was determined to be the product of knowing and voluntary action on the part of each party. 7. 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. 8.. 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.

THEREFORE, in view of the foregoing, IT IS ORDERED vacating the hearing in this matter, No. 08-2425, from the docket of the Office of Administrative Hearings; and IT IS FURTHER ORDERED remanding this matter to the Registrar of Contractors for further appropriate disposition.

Done this day, May 12, 2009 Office of Administrative Hearings

__________________________ Michael G. Wales Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 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