ALJDEC decisions subject to certification as final

08F-R089018-BFS · Department of Fire Building and Life Safety · 2008-10-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 22, 2008 APPEARANCES: Complainant Andrew Johnson appeared on his own behalf; Respondent was represented by Ronald Parmely, Qualifying Party. ADMINISTRATIVE LAW JUDGE: Michael G. Wales _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT 1. Following discussions in the presence of the Administrative Law Judge, and prior to the presentation of evidence and testimony at the scheduled hearing, the parties confirmed that they had concluded a settlement agreement, the essential terms of which were set forth on the record and are set forth herein. 2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay, and did pay by personal check post- dated October 24, 2008, the sum of $2,150.00 to Complainant, in full satisfaction of the request for payment by Complainant from the Consumer Recovery Fund, presently pending before the Department of Fire, Building and Life Safety. In return, Complainant agreed to withdraw his request for payment from the Consumer Recovery Fund and to consent to the dismissal of this matter. Complainant was advised by this tribunal that there are no statutory provisions for a compliance hearing if any term of the settlement is not complied with and that if he believes Respondent is in breach of any settlement terms in the future he must seek other legal remedies. 3. The administrative proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement. 4. The terms of the parties’ settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

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 which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted prior to the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the dismissal of the instant matter.

RECOMMENDED ORDER In view of the foregoing, it is recommended that this matter be dismissed in its entirety. Done this day, October 22, 2008 Office of Administrative Hearings

__________________________ Michael G. Wales Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Robert Barger, Director Department of Building and Fire Safety - LTA ATTN: Debra Blake 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

By ___________________________

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