Vacate: Settlement Recommendation mailed to agency and parties the

09F-6215W-ROC · Registrar of Contractors · 2010-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

CONSOLIDATED HEARING: February 19, 2010 APPEARANCES: Pro Source of Phoenix was represented by its attorney, Mark A. Kirkorsky, Esq. Lucchesi Construction and Development, Inc. was represented by its authorized representative, Tina Lucchesi Riley. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully ______________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT 1. Lucchesi Construction and Development, Inc. is the holder of License Nos. 244108, a Class B-01 contracting license, and 244109, a Class B- contracting license, issued by the Registrar of Contractors (“Registrar”) 2. Pro Source of Phoenix (“Complainant”) filed a written Complaint against Respondent alleging statutory violations by Respondent. The Registrar designated the Complaint as Case No. 09-6215 for License No. 244108 and Case No. 09-6215W for License No. 244109. 3. The Registrar issued a Citation and Complaint for Case Nos. 09- 6215 and 09-6215W alleging violations by Respondent of A.R.S. § 32-1154(A) (7), (11), and (20). 4. The Registrar forwarded Case Nos. 09-6215 and 09-6215W to the Office of Administrative Hearings, an independent agency, for a consolidated evidentiary hearing. 5. At the commencement of the consolidated hearing, the parties announced that they had reached a settlement in these matters, the terms of which were read into the record. 6. The essential terms of the parties’ agreement are as follows: a) Respondent shall be responsible for the outstanding debt owed to Complainant in the amount of $4,640.38. b) Respondent shall pay the outstanding debt of $4,640.38 within one year of February 19, 2010.

7. By virtue of the parties’ settlement, all the rights and defenses of the parties have been 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, the sole issues for determination by the Registrar will be whether the parties have performed their respective obligations under the terms of the settlement agreement. 8. It is determined that the parties’ settlement agreement has been the product of a knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entering into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The parties’ settlement agreement, having been found to be voluntarily made, warrants the closing of the instant hearing and the closing of the charges contained in the Citation and Complaint in Case Nos. 09-6215 and 09-6215W. ORDER IT IS ORDERED that the hearing in these consolidated matters be vacated from the calendar of the Office of Administrative Hearings, and that the matters be remanded to the Registrar for further action.

Done this day, March 10, 2010.

_________________________________ Brian Brendan Tully 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

By _______________________________

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