Vacate: Settlement Recommendation

08F-Y0212-ROC · Registrar of Contractors · 2009-04-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 9, 2009 at 9:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Marjorie Harper. The Respondent appeared through its authorized representative, Victor Lozano. 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. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to pay the Complainant an agreed upon sum of money within an agreed upon period of time. The Complainant agreed to withdraw the Complaint at issue and agreed to the closing of the instant Citation. 3. 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. 4. The matter was held open to allow the parties sufficient time to complete the terms of their Settlement Agreement. There is no dispute that the Settlement Agreement has been fully complied with. 5. 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, April 22, 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