Vacate: Settlement Recommendation

08F-S0234-ROC · Registrar of Contractors · 2009-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 9, 2009 at 9:00 a.m. APPEARANCES: The Complainants appeared through Jorge Sihas. The Respondent appeared through its authorized representative, Fernando Paz. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled 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. The Respondent’s Class KB-02 license has been suspended for non-renewal and can not perform corrective work on the Complainant’s residence. 3. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to cause a properly licensed contractor to provide all labor associated with the removal and replacement of the Complainant’s tile file. The Complainant agreed to grant the alternative contractor access to his residence and to provide all construction materials necessary, including tile and thin-set or mud, for installation of the new tile floor. 4. The parties acknowledged that they understood the terms of their Settlement Agreement and that they had entered into the Settlement Agreement voluntarily and in good faith. 5. This tribunal finds that the terms of the Settlement Agreement are reasonable under the circumstances and that the Settlement Agreement was 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 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, July 9, 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