Vacate: Settlement Recommendation

08F-H0205-ROC · Registrar of Contractors · 2008-11-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 17, 2008 APPEARANCES: Complainants appeared through Sondra Van Handel and Respondent was represented by its attorney, Glenn Buckelew. ADMINISTRATIVE LAW JUDGE: Mark A. Silver ________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencement of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the parties agreed as follows:

a. Respondent will pay the sum of $11,901.00 to Complainants on or before November 30, 2008. The payment will be made via check, made payable to Complainants and Security Real Estate. b. In addition to the above-described payment, Respondent agrees to pay another $11,901.00 to Complainants via a payment plan. Respondent will make five (5) monthly payments of $2,000.00, commencing on or before December 31, 2008, with each succeeding payment to be made on or before the end of each month thereafter. A final check (6th payment) will be in the amount of $1,901.00. All checks shall be made payable to Complainants and Security Real Estate. c. Respondent waives any claim for overages, above the original contract amount, on the project at issue herein. d. Complainants agree to withdraw their filed Complainant against Respondent.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the forgoing settlement were determined to be the product of knowing and voluntary action on the part of each party.

5. Based on the settlement agreement, 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, it is recommended that this matter be vacated from the calendar of the Office of Administrative Hearings and remanded to the referring Agency for appropriate disposition.

Done this day, November 21, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

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

Armando Contreras, Director Registrar of Contractors 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