Vacate: Settlement Recommendation

2010A-308475879-ROC · Registrar of Contractors · 2011-04-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 29, 2011, at 8:00 a.m. APPEARANCES: The Complainants appeared through Barbara Lehn. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. At the onset of the scheduled hearing the Complainants’ representative stated that the parties had entered into a Settlement Agreement the essential terms of which were stated for the record. 2. There was no dispute that the parties’ Settlement Agreement is based upon the Respondent’s written settlement offer. 3. A copy of the Respondent’s settlement offer is attached hereto as Exhibit A. 4. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to perform corrective action on the items set forth in the Settlement Offer. 5. The Complainant agreed to withdraw the complaint at issue and agreed to the closing of the instant citation. 6. There was no dispute that the parties understood the terms of their Settlement Agreement and that they have entered into the Settlement Agreement voluntarily and in good faith. 7. 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. 8. In light of having entered into the Settlement Agreement, the Complainants and 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 29, 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

Barbara & Edward Lehn III 11586 W. Gregory Dr Youngtown, AZ 85363-1673

T H T Flooring LLC 10659 NW Grand Ave #A-5 Sun City, AZ 85351

T H T Flooring LLC 9800 N. 91st Ave. Ste. A-5 Peoria, AZ 85345-8373

By _______________________________

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