ALJDEC decisions subject to certification as final

09F-H0320-ROC · Registrar of Contractors · 2009-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 3, 2009 APPEARANCES: Graham Landscaping was represented by its authorized representative, Bob Graham. Castlerock Village Construction, L.L.C. was represented by its member and attorney, Richard V. Campana, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Graham Landscaping (“Complainant”) is the holder of License No. 084444 issued by the Registrar of Contractors (“Registrar”). 2. Castlerock Village Construction, L.L.C. (“Respondent”) is the holder of License No. 224446 issued by the Registrar. 3. Complainant filed a written Complaint with the Registrar alleging nonpayment by Respondent for work performed by Complainant as Respondent’s subcontractor on a project located at 3814 Katie Loop, Kingman, Arizona. Complainant claims Respondent owes an outstanding balance of $8,765.00. The Registrar designated the Complaint as Case No. H09-0320. 4. The Registrar issued a Citation and Complaint in Case No. H09-0320 alleging violations by Respondent of A.R.S. § 32-1154(A) (7) and (11). 5. The Registrar forwarded Case No. H09-0320 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. During the course of the hearing of the above entitled matter, but prior to its formal adjournment, the parties concluded a settlement of the issues raised in the Complaint, the essential terms of which were read into the record. 7. Pursuant to the terms of the settlement agreement, Respondent agrees to pay Complainant the sum of $4,750.00 within ten days from the hearing date. Complainant agrees to accept such payment amount as satisfaction of the disputed amount owed. 8. By virtue of the settlement agreement, 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. 9. The settlement agreement appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over the parties and the subject matter in this case. 2. The policy of 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. 3. The settlement agreement, having been found to be reasonable and voluntarily made, warrants a closing of the instant hearing and the closing of the charges contained in the Citation and Complaint. RECOMMENDED ORDER The Citation and Complaint in Case No. H09-0320 shall be closed on the effective date of the Order entered in this matter. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification. Done this day, December 15, 2009.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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