Vacate: Settlement Recommendation

09F-6240-ROC · Registrar of Contractors · 2010-02-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on February 16, 2010. Bill and Judy Wall appeared on behalf of Complainant 107 Salebar Condominium Association.[1] Paul Kelly and Vince Hills appeared on behalf of Respondent Environmental Conditioning, Inc., doing business as Parker and Sons. Based upon the record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will pay the sum of $1,000.00 to the Walls by February 19, 2010; b. Respondent will pay the sum of $250.00 to the 107 Salebar Condominium Association by February 19, 2010; and c. Respondent will negotiate directly with State Farm regarding the Walls’ $12,601.08 insurance claim. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition. Done this day, February 17, 2010.

_________________________________ Sondra J. Vanella Administrative Law Judge

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

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

By _______________________________

----------------------- [1] Paula Bauer, a member of the 107 Salebar Condominium Association’s Board, filed the instant complaint on behalf of the Walls. Ms. Bauer appeared for the administrative hearing, as did the Walls and other members of the Association. Ms. Bauer was advised that pursuant to Rule 31 of the Rules of the Arizona Supreme Court, she could not represent the Walls. As such, the Walls represented themselves.

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