Vacate: Settlement Recommendation

08F-S0237-ROC · Registrar of Contractors · 2009-07-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 16, 2009. APPEARANCES: The Complainant appeared his attorney, Mark Hanson. The Respondent appeared through its attorney, Patricia Alexander. 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 parties stipulated to have Docket Numbers 08F-S0237-ROC, 08f-Y0306- ROC, 08F-Y0307-ROC, 08f-Y0313-ROC, 08F-Y0314-ROC, 08F-Y0315-ROC, 08F- Y0316-ROC, 08F-Y0317-ROC, and 08F-Y0318-ROC consolidated for hearing and to be a part of their settlement. 3. The parties’ settlement is for all of the above entitled matters. 4. A copy of the parties’ written settlement agreement is attached hereto as Exhibit A. 5. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to perform agreed upon corrective action on all of the residences involved within the agreed upon time period. The Complainant agreed to withdraw the Complaints at issue and agreed to the dismissal of all of the instant Citations. 6. 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. 7. 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. 8. In light of having entered into the Settlement Agreement, Complainant and 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 that the above matters be consolidated for hearing and that the hearing be vacated for these consolidated matters and that these consolidated matters be remanded to the Director of the Arizona Registrar of Contractors for further disposition. Done this day, July 16, 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 _______________________________

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