Vacate: Settlement Recommendation

2011A-1784-ROC · Registrar of Contractors · 2011-08-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. On August 31, 2011, the Complainant submitted a faxed communication and a signed Settlement Agreement after the hearing for this matter was scheduled to commence. 2. A copy of the Complainant’s written communication and signed Settlement Agreement is attached hereto as Exhibit A. 3. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to pay the Complainant $1,500.00 on August 30, 2011, and to pay another $1,500.00 the Complainant on or before October 14, 2011. The Complainant agreed to withdraw the complaint at issue and agreed the total sum of $3,000.00 as a final settlement on the account at issue. 4. 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. 5. In light of having entered into the Settlement Agreement, 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, August 31, 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

Stone Solutions LLC 22014 N. 20th Ave Phoenix, AZ 85027-2002

Bonanno Masonry LLC 2841 E. Thunderbird Rd Phoenix, AZ 85032-5618

By _______________________________

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