Vacate: Settlement Recommendation

08F-RF0521-ROC · Registrar of Contractors · 2008-10-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 1, 2008 APPEARANCES: Plaintiff: Drew and Jodi Gabler appeared, pro per. Defendant: Defendant failed to appear either through authorized representative or counsel. Recovery Fund: Phil Pettice, Inspector for the Registrar of Contractors, appeared on behalf of the Recovery Fund and was represented by Assistant Attorney General Mona Baskin. ADMINISTRATIVE LAW JUDGE: Brian E. Smith ________________________________________________________________ Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered and Order issued:

FINDINGS OF FACT 1. The hearing convened at the date, time and place set forth in the Registrar of Contractors’ Notice of Recovery Fund Payout Hearing dated August 25, 2008. 2. Defendant’s Class B-05 contracting license No. 188157 has been previously revoked by final Order of the Registrar of Contractors. Such revocation determined to render this Defendant unable to remedy the violation of the State’s contracting laws which gave rise to the instant claim for damages. 3. The Registrar of Contractors has received advance notification of the existence and amount of the above-named Plaintiffs’ claim for an administrative payout from the Registrar of Contractors’ Recovery Fund (“Fund”). 4. This hearing convened following Plaintiffs’ express request therefor filed April 24, 2008 subsequent to the denial of their claim by the Fund. 5. Plaintiffs originally sought to recover the sum of $15,466.26 from the Fund. 6. Upon convening the hearing but prior to the presentation of any testimony or other evidence, the parties requested an opportunity to discuss possible resolution of this dispute. Based on such request, a discussion ensued off the record by and between Plaintiffs, Phil Pettice, Inspector for the Fund, and Assistant Attorney General Mona Baskin under the direction of the Administrative Law Judge. As a result of such discussion, the parties entered into a settlement agreement the essential terms of which were then read into the record. 7. Pursuant to the terms of the aforementioned settlement agreement, the Recovery Fund agreed to pay Plaintiffs the total sum of $6,788.26 and Plaintiffs agreed to accept said sum as full and final disposition of their claim. 8. All rights and defenses are merged into the settlement agreement and if any petition for rehearing of this matter was filed and granted, or if any new claim 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. 9. The Administrative Law Judge determined that the terms of the forgoing settlement agreement were reasonable under the circumstances and were the product of a knowing and voluntary act on the part of each party. 10. Based on the settlement agreement, the hearing was vacated. … CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement that should be recognized and given effect by the tribunal with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of this matter. 3. Plaintiffs are determined to be an “injured person” as that term is defined in A.R.S. §32-1131(3). 4. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E). 5. The settlement reached between Plaintiffs and the Recovery Fund supports an award to Plaintiffs in the amount of $6,788.26, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S. §32-1139(B).

RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that on the effective date of the Order entered in this matter the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to Plaintiffs in the amount of $6,788.26. In addition, IT IS ORDERED vacating the hearing in this matter from the docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar of Contractors for further appropriate action.[1] Done this day, October 1, 2008.

_______________________ Brian E. Smith Administrative Law Judge

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

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

By ___________________________ ----------------------- [1] In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

-----------------------

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