Vacate: Settlement Recommendation

09F-2213-ROC · Registrar of Contractors · 2010-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing as scheduled. Prior to the receipt of formal testimony, the parties entered the following Settlement Agreement (Agreement). The essential terms of the Agreement are that the Respondent shall perform a follow up diagnostic to the heating, ventilation, and air conditioning system to ensure the system is functioning as intended and to the Complainants satisfaction. The Respondent shall make appropriate repairs as may be necessary. The parties further agree this Agreement resolves the issues raised in this case. By virtue of the Agreement, all the rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed against the Respondent, the sole issue for determination will be whether the parties performed their respective obligations under the terms of the Agreement. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a closing of the case. Order In view of the foregoing it is Ordered the hearing is vacated and the matter is remanded to the Registrar of Contractors for final disposition.

Done this day, May 17, 2010.

_________________________________ Allen Reed Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2010 to:

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

Christine Esprecion Renee Awai 13483 S. 186th Dr. Goodyear, AZ 85338

Ashton Woods Construction LLC 6991 E. Camelback Road Ste. A-200 Scottsdale, Arizona 85251

Stephen E. Richman, Esq. Mariscal Weeks McIntyre & Friedlander, P.A. 2901 North Central Avenue, Suite 200 Phoenix, AZ 85012-2705

By _______________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826