Vacate: Settlement Recommendation

2011A-5664-ROC · Registrar of Contractors · 2012-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 28, 2012, at 1:00 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Jason Rivers. The Respondent appeared through its authorized representative, John Lawson. 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 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. Pursuant to the terms of the Settlement Agreement, Respondent agreed to make a final payment of $1,387.00 to the Complainant via cashiers check on or before May 29, 2012. Complainant acknowledged that Respondent had paid the Complainant $1,200.00 on March 27, 2012 and agreed to accept the sum of $1,387.00 as payment in full for the remaining amount owed to the Complainant provided that the Respondent make the final payment in a timely manner as agreed. The Complainant further greed to withdraw the complaint at issue and agreed to the closing of the instant citation. 3. 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. 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 Registrar for further disposition. Done this day, March 28, 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

A 1 Advantage Inc dba A 1 Advantage Garage Door Service 428 S Gilbert Rd Suite 111 Gilbert AZ 85296-2263

1st Class Foam Roofing and Coating LLC 23802 N. 38th Ave Glendale, AZ 85310-4108

By _______________________________

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