Vacate: Settlement Recommendation

08F-M0256-ROC · Registrar of Contractors · 2008-07-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on July 22, 2008. Complainant Judy Kelley appeared on her own behalf. Robert Beck appeared on behalf of Respondent Beck Landscape, 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. 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 the sum of $2,000.00 to Complainant, said sum to be paid in three installments as follows: 1. $1,000.00 will be paid no later than August 20, 2008; 2. $500.00 will be paid no later than September 20, 2008; and 3. $500.00 will be paid no later than October 20, 2008. b. Respondent will pay the aforementioned sums via certified checks made payable to Judy and William Kelley; c. Respondent will send all payments to Complainants via certified mail; and d. Complainants withdraw the complaint filed herein. 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, July 28, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

Fidelis V. Garcia, 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