Vacate: Settlement Recommendation

08F-S0211-ROC · Registrar of Contractors · 2009-06-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 3, 2009 at 9:00 a.m. APPEARANCES: Michael Gleason and Stacey Pretzel appeared through Stacey Pretzel. Tradeco Investments L.L.C. appeared through its authorized representative, Ken Hobbs. Appaloosa Plumbing Inc. appeared through its authorized representative, Robert Ruppilius. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled consolidated hearing the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a settlement agreement the essential terms of which were stated for the record. 2. Copies of the parties’ written settlement agreements are attached hereto as Exhibit A and Exhibit B. 3. Pursuant to the terms of their settlement agreements, Michael Gleason and Stacey Pretzel agreed to withdraw their Complaint against Tradeco Investments L.L.C., and Tradeco Investments L.L.C. agreed to withdraw its Complaint against Appaloosa Plumbing Inc. All parties agreed to the closing of the instant Citations. 4. The parties acknowledged that they understood the terms of their settlement agreements and that they had entered into their settlement agreements voluntarily and in good faith. 5. This tribunal finds that the terms of the settlement agreements are reasonable under the circumstances and were the product of knowing and voluntary action on the part of each party thereto. 6. In light of having entered into the Settlement Agreement, the parties agreed to vacate the consolidate hearing for these matters. 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, June 3, 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