Vacate: Settlement Recommendation

2011A-552-ROC-com · Registrar of Contractors · 2012-06-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 20, 2012, at 1:00 p.m. APPEARANCES: Complainant appeared on his own behalf. Respondent appeared through its authorized representative, Abraham Alvarez. 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 pay the sum of $5,000.00 to Complainant on June 21, 2012. 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 Respondent agreed to vacate the compliance 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 compliance 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 compliance hearing in this matter and remanding this matter to the Registrar for further disposition. Done this day, June 20, 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

D & D Framing LLC dba Abraham Alvarez Framing PO Box 14030 San Louis, AZ 85349-6921

D & D Framing LLC dba Abraham Alvarez Framing 1011 N. Pepp Dr. San Luis, AZ 85349

Edward J. Hamilton 10629 E. Shale Dr. Yuma, AZ 85365-7194

By _______________________________

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