Vacate: Settlement Recommendation

2011A-4320-ROC-com · Registrar of Contractors · 2012-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 11, 2012, at 8:00 a.m. APPEARANCES: Charles L. Jackson (hereinafter “Complainant”) appeared on his own behalf. Sierra Vista Glass Inc (hereinafter “Sierra”) appeared through its qualifying party, Richard Main. 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, Sierra agreed to contract with Sierra Builders Remodeling to, at Sierra’s sole expense, replace Complainant’s front door. Complainant agreed to withdraw the complaint at issue and agreed to the closing of 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, Complainant and Sierra 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, December 11, 2012.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed December 18, 2012 to:

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

Charles L. Jackson 1936 Chateau Ln Sierra Vista, AZ 85635-4806

Sierra Vista Glass Inc. 3827 S. Highway 92 Sierra Vista, AZ 85650-5714 [email redacted]

Robert D. Stachel, Jr. Law Office of Cardinal & Stachel 2151 South Highway 92 Sierra Vista, AZ 85635 Ste. 100

By: Cruz Serrano

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