Vacate: Settlement Recommendation ---withdrawal of complaint without

09F-5222-ROC · Registrar of Contractors · 2009-12-17

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 17, 2009.

APPEARANCES: >Complainant was represented by Chad R. Kaffer, Esq., attorney for Complainant’s Court- Ordered appointed Receiver, >Respondent was represented by its attorney, Rex A. Christensen, Esq.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth ________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Vacating and Remanding Order are made.

FINDINGS OF FACT

1. At the outset of the scheduled hearing, counsel for Complainant’s Receiver renewed and re-urged the granting of its previously filed Motion for a Continuance of the scheduled hearing that had been the subject of a stipulation by and between both counsel. It further appeared that, at this time, Respondent did not join in or stipulate to the Complainant’s renewed Motion.

2. After further discussion on the record, this tribunal determined that the granting of any continuance was not warranted under all the circumstances, and the renewed or re-urged Motion by Complainant was denied. However, the Administrative Law Judge did inform the parties that he would favorably entertain and accept a withdrawal of the presently pending Registrar’s complaint by or on behalf of Complainant without prejudice to a future re-filing by Complainant within the original Statute of Limitations time period.

3. Following brief discussions between the parties and counsel prior to the introduction of any evidence or testimony, the parties entered into a stipulation pursuant to which Complainant would withdraw in its entirety the previously filed complaint in this administrative proceeding, such withdrawal to be expressly without prejudice to the re-filing of another separate complaint with the Registrar within the statutory time period, if deemed necessary and appropriate. Complainant also agreed to the entry of an Order by the Registrar so closing the formal Citation that had been issued based upon the filed complaint.

4. The essential contents and terms of the parties’ stipulation were read upon the record. The balance of the hearing was thereupon recessed with the mutual understanding that this tribunal shall enter its Order vacating the balance of the administrative hearing and remanding this matter to the Registrar of Contractors, as the forwarding Department, for appropriate further action in terminating this administrative matter in a manner consistent with the parties’ concluded stipulation.

6. The terms of the foregoing stipulation between the parties providing for a withdrawal of the pending complaint without prejudice appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors the resolution of disputes, and adverse parties should be free to enter into agreements or stipulations which should be generally recognized and given effect by all tribunals.

2. The withdrawal of the filed complaint announced at the start of the scheduled hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the remanding of the matter to the forwarding agency for further appropriate action.

ORDER VACATING BALANCE OF HEARING AND REMANDING MATTER TO FORWARDING AGENCY

In view of the foregoing, IT IS ORDERED that the balance of the hearing in this matter be and hereby is VACATED, and IT IS FURTHER ORDERED that this case be REMANDED TO THE REGISTRAR OF CONTRACTORS for appropriate action.

Dated: December 18, 2009. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

William A Mundell, Director Registrar of Contractors Legal Department 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906 -----------------------

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