Vacate: Settlement Recommendation

2010A-308473746-ROC · Registrar of Contractors · 2011-03-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Notice of Hearing issued by the Registrar of Contractors (“Registrar”), this matter came on for hearing before the Office of Administrative Hearings, an independent agency, for formal hearing on March 2, 2011. Administrative Law Judge Brian Brendan Tully presided at the hearing. John and Carol Errico appeared personally. D and H Air Conditioning Company, Inc. was represented by its authorized representative, Brett Wright. After the commencement of the hearing, but prior to its conclusion, the parties reached a settlement agreement, the essential terms of which were read into the record. The parties agreed to the following terms: 1. Respondent will perform the five items of work recommended by Pat Hinson, Field Technical Consultant for Lennox. A description of such work is contained in a report by Consultant Hinson attached to a letter dated February 10, 2009, from James J. D’Antonio, Esq. to Melissa Errico, Esq., the terms of which are incorporated herein by reference. 2. Complainants will have the original warranty on their HVAC system equipment, effective November 8, 2007. 3. After Respondent performs the work recommended by Hinson, there will be an inspection of Complainants’ HVAC system by a representative from Lennox. Respondent agrees to perform any additional work recommended by the Lennox representative. 4. Respondent will send Complainants a check in the amount of $2,000.00 by U.S. Mail sent on or before March 4, 2011. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the settlement agreement. The terms of the foregoing settlement agreement were determined to be the product of knowing and voluntary action on the part of each party. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, IT IS ORDERED that the hearing be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the Registrar for further action.

Done this day, March 2, 2011.

_________________________________ Brian Brendan Tully 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

John and Carol Errico 8710 N. Joanna Drive Tucson, AZ 85742-8446

D and H Air Conditioning Company, Inc. 3629 N. Oracle Road Tucson, AZ 85705-3222

By _______________________________

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