Vacate: Settlement Recommendation

2010A-308474437-ROC · Registrar of Contractors · 2011-01-25

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 on January 25, 2011. Valencia Plumbing Contractors, L.L.C. was represented by its authorized representative, Jaime Valencia. Longview Co., L.L.C. was represented by its attorney, Alan Gooding, Esq. Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT 1. Prior to the convening of the hearing, the parties were given the opportunity to discuss possible settlement of their dispute. 2. At the commencement of the hearing, the parties announced that they had reached a settlement agreement. 3. Pursuant to the terms of the parties’ settlement agreement, Respondent tendered a check in an undisclosed amount as consideration for the settlement. In return for the check, Complainant agreed not to further prosecute its claim against Respondent. Complainant’s representative acknowledged receipt of Respondent’s check and that the amount of the check was the agreed upon consideration. 4. 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. 5. The terms of the settlement agreement were determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. 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. 2. The settlement reached and submitted during the hearing in this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER IT IS ORDERED that the hearing in this matter be vacated from the calendar of the Office of Administrative Hearings, and that Case No. 2010-[number redacted] be remanded to the Registrar for further action.

Done this day, January 25, 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

Valencia Plumbing Contractors 2421 W. 6th Street, Ste. 1 Tucson, AZ 85719-5254

Alan E. Gooding, Esq. Gooding Law Firm, PLLC 3573 E. Sunrise Drive, Suite 133 Tucson, Arizona 85718

By _______________________________

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