Vacate: Settlement Recommendation

2009A-7467307-ROC-rhg · Registrar of Contractors · 2011-04-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 22, 2011, at 8:00 a.m. APPEARANCES: The Complainant appeared through her attorney, Michael Poli. The Respondent appeared through its attorney, Jefferson Collins. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled rehearing, 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, the essential terms of which were stated for the record. 2. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to perform corrective action on ten (10) designated items at the Complainant’s residence. The Complainant agreed to withdraw the complaint at issue and agreed to the closing of the instant citation. 3. 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. 4. 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. 5. In light of having entered into the Settlement Agreement, the Complainant 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 Registrar of Contractors for further disposition. Done this day, April 22, 2011. _________________________________ M. Douglas Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Jefferson T. Collins Esq. Robert R. Berk Jones, Skelton & Hochuli, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012

Toll Brothers AZ Construction Co. 14350 N. 87th Street, Ste 310 Scottsdale, AZ 85260

Barbara Sloan 31622 N. 21st. Ln. Phoenix, AZ 85085

Michael N. Poli Esq. Poli & Ball, P.L.C. 2999 N. 44th St. Suite 500 Phoenix, AZ 85018-7552

By _______________________________

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