Vacate: Settlement Recommendation

2010A-6102152-ROC · Registrar of Contractors · 2010-07-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on July 13, 2010. Complainant Lydia Anderegg appeared on her own behalf. Ms. Anderegg was accompanied by her son, David Anderegg. Gary Smith, Esq. represented Respondent Mirsad Duranovic, doing business as M D S Floor Solutions. 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 Arizona Registrar of Contractors. FINDINGS OF FACT 1. Prior to the commencement of the hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will pay the sum of $1,500.00 to Complainant by way of a cashiers’ check; the check will be delivered to Respondent’s attorney’s office on July 13, 2010, and Mr. Anderegg will pick up the check from Respondent’s attorney’s office on July 13, 2010; b. The parties waive all claims reciprocally; and c. Mr. Anderegg, a real party in interest due to his ownership in the property, has affirmatively agreed to the terms of the settlement. 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.

Done this day, July 13, 2010.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of July, 2010 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