Vacate: Settlement Recommendation

2011A-6651-ROC · Registrar of Contractors · 2012-08-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 8, 2012, at 1:00 p.m. APPEARANCES: Faustino G. Acosta (hereinafter “Complainant”) appeared on his own behalf. Reyna Heating and Air Conditioning LLC (hereinafter “Reyna”) appeared through its authorized representative, Jose Martin Valdez. 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. Pursuant to the terms of the Settlement Agreement, Reyna agreed to install a new five ton gas pack unit on Complainant’s residence on August 10, 2012. Reyna also agreed to correct the damage to the paneling at the living room register (Item No. 9 of the Corrective Work Order) and to correct the air vent in the rear bedroom bath (Item No. 10 of the Corrective Work Order). Complainant agreed to withdraw the complaint at issue and agreed to the closing of the instant citation. Complainant further agreed to pay Reyna in full on Tuesday, August 14, 2012. Reyna agreed to issue a satisfaction of its civil court judgment against Complainant upon receipt of the agreed upon payment from Complainant. 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, 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, August 8, 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 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Faustino G. Acosta 2750 W Aurora Dr Tucson, AZ 85746-6308

Reyna Heating and Air Conditioning LLC 3144 Grand Ave Phoenix, AZ 85017-4912

By _______________________________

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