Vacate: Settlement Recommendation

08F-S0191-ROC · Registrar of Contractors · 2009-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 2009 at 11:00 a.m. APPEARANCES: The Complainant appeared through her attorney, Ronald J. Newman. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. At the onset of the scheduled hearing, the Complainant’s attorney stated that the Respondent had fully complied with the parties’ settlement agreement and moved to vacate the hearing and close the complaint. 2. Pursuant to the terms of the parties’ Settlement Agreement, the Respondent paid the Complainant an agreed upon sum of money. The Complainant agreed to withdraw the Complaint at issue and agreed to the closing of the instant Citation. 3. This tribunal finds that the terms of the Settlement Agreement are reasonable under the circumstances and was the product of knowing and voluntary action on the part of each party thereto. 4. In light of having entered into the Settlement Agreement, the Complainant and the Respondent agreed to vacate the hearing in this matter.

CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. Termination of the instant hearing is mandated by the parties having entered into the Settlement Agreement, as well as having agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4).

ORDER Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Registrar of Contractors for further disposition. Done this day, August 12, 2009.

_________________________________ M. Douglas Administrative Law Judge Copy transmitted by mail this _____ Day of _________, 2009 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com