Vacate: Settlement Recommendation

08F-G0527-ROC · Registrar of Contractors · 2008-10-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on September 29, 2008. Don Hensley appeared on behalf of Complainant Forrest Anderson Plumbing and Air Conditioning, Inc. Jimmy Hammack appeared on behalf of Respondent Hacienda Mechanical Services. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will pay to Complainant the sum of $500.00 per month commencing on October 25, 2008, until the outstanding balance of $6,623.17 is paid in full; Respondent will continue to make payments on the 25th day of each month thereafter until paid in full; b. Complainant waives any and all interest that has accrued on the outstanding balance; and c. Upon payment in full, Complainant will release to Respondent the scissor lift, and Respondent will procure it from Complainant’s place of business. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. 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 of settlement 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 voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition. Done this day, October 1, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of October, 2008 to:

Armando Contreras, Acting Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _____________________________ -----------------------

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