Vacate: Settlement Recommendation

08F-M0818-ROC · Registrar of Contractors · 2008-09-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 25, 2008 APPEARANCES: Complainant appeared through its owner and qualifying party, Kevin Talley and Respondent appeared through its president and qualifying party, Troy Teague. 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 Complainant the total sum of $12,000.00. b. Respondent will pay the above-described sum of money via an extended payment plan. c. Pursuant to the payment plan, Respondent will pay a minimum of $200.00 per month to Complainant’s collection agency representative.[1] d. All payments submitted by Respondent must be paid on or before the close of business on the 20th day of each month, with the first payment due on or before October 20, 2008. e. In the event that any payment is late, Complainant agreed to contact Respondent first, before notifying the Registrar of Contractors, in order to see if the problem could be resolved. f. Complainant agreed to withdraw the filed Complaint.

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, September 25, 2008.

_________________________________ Mark A. Silver Administrative Law Judge

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

Armando Contreras , Acting Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

----------------------- [1] The collection agency is “Paid in Full” and payments will be mailed to 23425 N. 39th Dr., ste. 104-79, Glendale, Arizona 85310, to the attention of Brad Klein.

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