Vacate: Settlement Recommendation

09F-2489-ROC · Registrar of Contractors · 2009-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing as scheduled. The Complainant represented himself. Thomas C. Hall, Esq. appeared for the Respondent. After the receipt of formal testimony and documentary evidence, the parties entered negotiations resulting in the following Settlement Agreement (Agreement). The essential terms of the Agreement are that the Respondent shall pay to the Complainant the amount of Seven Hundred ($700.00) Dollars and withdraw its claim against the Complainant for non payment of Four Hundred- Eighty ($480.00) Dollars plus interest.[1] The parties further agree this Agreement resolves the issues raised in this case. Conclusions of Law 1. 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. 2. 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. 3. 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.[2] Done this day, August 12, 2009.

_________________________________ Allen Reed 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 _______________________________

----------------------- [1] The Complainant had stopped payment on his check of $480.00 to the Respondent. The current amount claimed with interest was stated as $780.00. [2] The decision in the case shall be effective forty (40) days from the date of the decision, or if certified by the Director of the Office of Administrative Hearings, forty (40) days from the date of certification.

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