Vacate: Settlement Recommendation

08F-G1843-ROC · Registrar of Contractors · 2008-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on June 23, 2008. Donald Manion appeared on behalf of Complainant I Deal Roofing and Repair Co. Jere Parkhurst appeared on behalf of Respondent C Street Holdings, L.L.C. 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. During a recess in 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. C Street Holdings, L.L.C./Mr. Parkhurst will pay $450.00 per month on the 1st of each month commencing on August 1, 2008, for a period of 24 months, to I Deal Roofing and Repair Co., until the outstanding balance is paid in full.[1] 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, June 23, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

----------------------- [1] Although not addressed in the settlement agreement itself, the parties had stipulated during the hearing that the balance due to I Deal Roofing and Repair Co. from C Street Holdings, L.L.C., is $10,505.32.

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