Vacate: Settlement Recommendation

2010A-5404068-ROC · Registrar of Contractors · 2011-10-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Recovery Fund Payout Hearing of this matter convened on October 5, 2011. Complainant Travis Jack appeared on his own behalf with his wife, Gwen Jack. Respondent Kadair Landscaping, Inc. did not appear. Assistant Attorney General Elizabeth Campbell represented the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, Complainant and the Registrar of Contractors concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: The Residential Contractors Recovery Fund will pay the sum of $2,500.00 (representing the deposit paid by Complainant to Respondent) plus interest at the rate of 10% per year from July 11, 2009, the date of Complainant’s payment of the deposit to Respondent, until the date that the Order is signed by the Director of the Registrar of Contractors or the Director’s designee. 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. 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 of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification.

Done this day, October 24, 2011.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of October, 2011 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 North Central Avenue Phoenix, AZ 85012

By _______________________________

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