ALJDEC decisions subject to certification as final

2009A-7019042-ROC · Registrar of Contractors · 2010-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 15, 2010 APPEARANCES: Beatrice Harnett appeared personally. Flooring Systems of Arizona, Inc. was represented by its authorized representative, Lisa Camargo. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. During the course of the hearing in 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. 2. Pursuant to the terms of the parties’ settlement agreement, Flooring Systems of Arizona, Inc. shall have Beatrice Harnett’s back door installed on November 23, 2010, at 8:00 a.m. 3. 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 issue for determination by the Registrar of Contractors will be whether the parties have performed their respective obligations under the terms of the settlement agreement. 4. The parties’ settlement agreement 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 of Contractors has jurisdiction over Flooring Systems of Arizona, Inc. and the subject matter in the above-entitled matter. 2. 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. 3. The parties’ settlement agreement, having been found to be 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. 2009-7019042 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, November 15, 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