Vacate: Settlement Recommendation

2011A-1443-ROC · Registrar of Contractors · 2011-10-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 25, 2011, at 8:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. A Chinese- Cantonese speaking interpreter was present for the entire hearing. The Respondent appeared through its authorized representative, Frank Gross. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a settlement agreement, the essential terms of which were stated for the record. 2. A copy of the parties’ written settlement agreement is attached hereto as Exhibit A. 3. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to cancel the parties’ contract and return the Complainant’s money to her. The Complainant agreed to cancel the parties’ contract and withdraw the complaint at issue and close the instant citation. 4. The parties acknowledged that they understood the terms of their Settlement Agreement and that they had entered into the Settlement Agreement voluntarily and in good faith. 5. 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. 6. In light of having entered into the Settlement Agreement, the Complainant and the 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 that the hearing for this matter be vacated from the Office of Administrative Hearings and that this matter be remanded to the Registrar of Contractors for further disposition. Done this day, October 25, 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

Michael Antonelli Language Connection 12417 W. Surrey Ave. El Mirage, AZ 85335

Ll Xia Ll 2216 W. Cheery Lynn Rd Phoenix, AZ 85015-5705

G X S Construction Inc P.O.Box 5204 Phoenix, AZ 85010

By _______________________________

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