Vacate: Settlement Recommendation

2011A-3858-ROC · Registrar of Contractors · 2012-05-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 7, 2012, and May 15, 2012, at 8:00 a.m. The matter was held open until March 22, 2012, to allow the parties sufficient time to complete their settlement negotiations. APPEARANCES: Complainant appeared through its attorney, Sean E. Brearcliffe Esq. of Rusing Lopez & Lizardi, P.L.L.C. Respondent appeared through its attorney, Terry P. Esser Esq. of Terry P. Esser P.L.L.C. 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. 2. A copy of the parties’ written Stipulation to Dismiss Case attached hereto as Exhibit A. 3. Pursuant to the terms of their undisclosed Settlement Agreement the parties stipulated that this matter may be dismissed with prejudice with each party to bear its own attorneys’ fees and costs. 4. There was no dispute that the parties’ undisclosed 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 Registrar for further disposition. Done this day, May 23, 2012. _________________________________ M. Douglas Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2012 to:

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

Terry Esser TERRY ESSER, P.L.L.C. Chase Bank Building Two East Congress, Suite 900 Tucson, AZ. 85701

Sean E. Bearcliffe, Esq. Rusing, Lopez & Lizardi, P.L.L.C. 6262 N. Swan Rd., Ste. 200 Tucson, AZ 85718-3600

B C K Custom Builders LLC 5083 W. Camino De Marana Tucson, AZ 85742-8835

K S Classic Homes LLC P.O. Box 69995 Oro Valley, AZ 85737-0025

By _______________________________

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