Vacate

2010A-308476570-ROC · Registrar of Contractors · 2011-10-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 24, 2011, at 8:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Mike DeMore. The Respondent appeared through its attorney, Ryan P. Toftoy. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. At the conclusion of the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the matter was held open to afford the parties an opportunity to craft a settlement agreement. 2. On October 31, 2011, the parties filed the attached Joint Stipulation to Dismiss with Prejudice. 3. This tribunal finds that the terms of the joint stipulation are reasonable under the circumstances and that the joint stipulation was the product of knowing and voluntary action on the part of each party thereto. 4. In light of having entered into the joint stipulation, Complainant 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, November 2, 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

Ryan P. Toby, Esq. Wood, Smith, Henning and Berman, LLP 2525 E. Camelback Road, Suite 450 Phoenix, AZ 85016-4210

Bella Interiors and Design LLC 2231 S. 48th St Ste 104 Tempe, AZ 85282-1013

American Technologies Inc 23175 N. 23rd Ave Phoenix, AZ 85027-1947

Kevin Casenhiser, Esq. 210 W. Baywood Ave. Orange, CA 92865-2603

By _______________________________

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