Vacate: Settlement Recommendation

11F-L1111018-BFS · Department of Fire Building and Life Safety · 2011-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 7, 2011, at 8:00 a.m. APPEARANCES: The Petitioners appeared through Petitioner Julian Woodin. The Respondent appeared through its owner and authorized representative, Nic Novasic. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a settlement agreement. 2. The parties chose to keep the full terms of their Settlement Agreement confidential. 3. Pursuant to the terms of the terms Settlement Agreement that were disclosed for the record the Petitioners agreed to withdraw the Petition at issue and agreed to the closing of the instant Petition. 4. The parties acknowledged that they understood the terms of their Settlement Agreement and that they had entered into the Settlement Agreement voluntarily and in good faith. 5. This tribunal finds that the terms of the Settlement Agreement are reasonable under the circumstances and that the Settlement Agreement was the product of knowing and voluntary action on the part of each party thereto. 6. In light of having entered into the Settlement Agreement, the Petitioners and the Respondent agreed to vacate the hearing in this matter. CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. Termination of the instant hearing is mandated by the parties having entered into the Settlement Agreement, as well as having agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4). ORDER Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Department of Fire, Building and Life Safety for further disposition. Done this day, October 12, 2011.

_________________________________ M. Douglas Administrative Law Judge

Copy transmitted by mail this _____ Day of _________, 2011 to:

Gene Palma, Director Department of Fire Building and Life Safety ATTN: Beth Soliere 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

Nicholas John Novasic Bel Aire Mobile Home Park Bel Aire, Suite 140 Sierra Vista, AZ 85635

Donald R. Cook Bel Aire Place #77 Sierra Vista, AZ 85635

By _______________________________

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