Vacate: Settlement Recommendation

2010A-308474387-ROC · Registrar of Contractors · 2011-06-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 24, 2011, at 8:00 a.m. APPEARANCES: The Complainant appeared its attorney, Joshua Grabel. The Respondent appeared through its attorney, Tonya K. MacBeth. 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, the essential terms of which were stated for the record. 2. This matter was held open until June 23, 2011, to allow the parties sufficient time to conclude the terms of their Settlement Agreement. 3. Pursuant to the terms of the Settlement Agreement, the Respondent agreed pay an agreed upon financial payment to the Complainant and to perform agreed upon stucco and painting touch up on the patio area of the business at issue. The Complainant agreed to withdraw the complaint at issue and agreed to the dismissal of the instant citation. 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 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 Registrar for further disposition. Done this day, June 27, 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

Laurshan Inc. 5675 E. Cactus Wren Rd. Paradise Valley, AZ 85253-3424

Tonya K. MacBeth Esq. Burch & Cracchiolo PA 702 E. Osborn Rd, Ste 200 Phoenix, AZ 85014-5281

Tres Hermanos Inc. dba Oaxaca 1516 W. Van Buren St. Phoenix, AZ 85007-2414

Joshua Grabel Esq. Snell & Wilmer LLP 400 E. Van Buren St. Phoenix, AZ 85004-2223

By _______________________________

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