ALJDEC decisions subject to certification as final

2009A-24096253-ROC · Registrar of Contractors · 2010-10-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2010 APPEARANCES: Diane Jean Sarnataro appeared personally and was represented by her attorney, Everett Butler, Esq. L.R. Acquisitions, doing business as Lyons Roofing, was represented by its attorney, John Smalanska, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The Registrar of Contractors (“Registrar”) forwarded the above- entitled matter to the Office of Administrative Hearings, an independent agency, for a compliance hearing to determine whether or not Respondent has fully complied with the terms of the Registrar’s December 7, 2009 Order in the underlying disciplinary case, the terms of which are incorporated herein by reference. Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order on Compliance: FINDINGS OF FACT 1. After the commencement of the compliance hearing but prior to its conclusion, counsel announced that the parties had decided to a “do over.” The parties agree to be bound by the terms of the Registrar’s December 7, 2009 Order, pursuant to the following settlement agreement which was read into the record:

1) Respondent shall be given reasonable access to Complainant’s residence on or after November 8, 2010. 2) Respondent shall complete the required remedial work within 90 days. 3) Complainant shall grant access to Respondent as follows: Monday, Wednesday and Friday between 8:00 a.m. and 5:00 p.m.; Tuesdays and Thursdays after 3:15 p.m.; and after December 6, 2010, on all days of the week between 8:00 a.m. and 5:00 p.m., except holidays. 4) Complainant shall engage a licensed contractor for the structural work for the roof, e.g. joists, and Complainant will coordinate such work with Respondent. Complainant will notify Respondent when the structural roof work is completed. 5) Respondent shall use only licensed contractors for work required to be performed, pursuant to the Registrar’s December 7, 2009 Order, that is outside the scope of Respondent’s contracting license. 6) The parties shall be free to photograph for documentation purposes Respondent’s scope of work. However, the use of video cameras is prohibited.

2. By virtue of the parties’ 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 shall be whether the parties have performed their respective obligations under the terms of the settlement agreement. 3. The parties’ settlement agreement is determined to have been the product of a knowing and voluntary action on the part of each party, and the settlement agreement is incorporated herein by reference, as if fully set forth herein. CONCLUSION 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. RECOMMENDED ORDER ON COMPLIANCE The Registrar’s December 7, 2009 Order should be modified pursuant to the terms of the parties’ settlement agreement. 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, October 6, 2010.

/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