Vacate: Settlement Recommendation

09F-R0024W-ROC · Registrar of Contractors · 2009-10-02

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24, 2009 APPEARANCES: Complainant: The Registrar of Contractors was represented by Assistant Attorney General Camila Alarcon. Valerie Hicks, custodian of records, also appeared on behalf of the Registrar of Contractors. Respondent: Ronald Bott[1] appeared and was represented by counsel, Michael Thal. ADMINISTRATIVE LAW JUDGE: Brian E. Smith ________________________________________________________________ Having read and considered the entire record, the following Findings of Fact are made, Conclusions of Law rendered and Order issued: … FINDINGS OF FACT 1. These consolidated matters convened for hearing at the time, date and place set forth in the July 27, 2009 Notice of Hearing issued by the Registrar of Contractors. 2. Prior to the presentation of any testimony or evidence, a discussion ensued by and between the parties and their respective counsel outside the presence of the Administrative Law Judge. As a result of that discussion, the parties concluded and stipulated to a settlement agreement the essential terms of which were then read onto the record. For purposes of determining these matters, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Registrar of Contractors, are binding on one another. 3. The terms of the settlement agreement are as follows: a. Respondent licensees Alaskan Quality Services, Inc. (“AQS”) (License No. 212864 Class L-39), Alaskan Home Services, Inc. (“AHS”) (License No. 240693 Class K-39) and America’s Best Services, Inc. (“ABS”) (License No. 192710 Class C-37R) each admit to a violation of A.R.S. §32- 1154 (A) (21); b. Ronald Bott (“Bott”), corporate officer of AQS, AHS and ABS and qualifying party for AQS and AHS, shall remove himself as qualifying party from License No. 189967 Class C-39R; and, c. License Nos. 212864 (AQS), 240693 (AHS) and 192710 (ABS) will be placed on probation for a period of thirty (30) days commencing on the effective date of the Registrar’s Order issued in these consolidated matters. 4. Both parties acknowledge that they are authorized to act on behalf of themselves, their company and/or the State agency and enter into the settlement agreement and do so knowingly, voluntarily and on a presumption of good faith. 5. The parties agree that all rights and defenses were to be merged into the settlement agreement. 6. The parties were advised of the Registrar of Contractors’ license record keeping policies and procedures and agree that, as a result of the settlement, the Respondents’ official records with the Registrar of Contractors will reflect the instant matters as closed complaints under the category of settled/withdrawn/resolved. 7. The Administrative Law Judge determined that the terms of the settlement agreement were reasonable under the circumstances and were the product of a knowing and voluntary act on the part of each party. 8. Based on the settlement agreement, the hearing was vacated.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement that should be recognized and given effect by the tribunal with jurisdiction over the issues and that possesses statutory enforcement authority. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of this matter.

ORDER In view of the foregoing, IT IS ORDERED vacating the hearing from the docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding these matters to the Registrar of Contractors for appropriate further action.[2] Done this day, October 2, 2009.

______________________ Brian E. Smith Administrative Law Judge Original 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] Mr. Bott represented that he is a corporate officer for all three respondents and the qualifying party for license nos. 212864 and 240693. [2] 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 in this matter will be forty (40) days from the date of that certification.

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