Vacate: Settlement Recommendation

2011A-2611-ROC · Registrar of Contractors · 2013-01-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 30, 2013, at 8:00 a.m. APPEARANCES: The Registrar of Contractors appeared by and through Assistant Attorney General, Sarah Selzer, Esq. Suzanna Tapia Harrison dba Harrison and Harrison Flooring (hereinafter “Respondent”) appeared on her own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. At the onset of the scheduled hearing the parties disclosed that they had entered into a Settlement Agreement. 2. Pursuant to the terms of the Settlement Agreement, Respondent agreed to the immediate suspension of its Class K-8.248739-D License. Respondent further agreed that the suspension of its Class K-8.248739-D License will remain in effect until such time as Respondent provides acceptable written proof to the Registrar of Contractors that Respondent is in full compliance with the workers’ compensation laws and that all penalties imposed by the Industrial Commission of Arizona have been paid. 3. Respondent acknowledged that she understood the terms of her Settlement Agreement with the Registrar of Contractors and that she had entered into the Settlement Agreement voluntarily and in good faith. 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, the parties 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, January 30, 2013.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed January 30, 2013 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Suzanna Tapia Harrison Harrison and Harrison Flooring 9150 N Desert Ironwood Pl Tucson AZ 85742-8566

Harrison and Harrison Flooring P.O. Box 89655 Tucson, AZ 85752

Sarah Selzer Esq. John R. Tellier Esq. Office of the Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926 [email redacted]

By TMendez

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