Vacate: Settlement Recommendation

2012A-1539-ROC · Registrar of Contractors · 2012-10-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 15, 2012, at 8:00 a.m. APPEARANCES: Thomas A. Evans (hereinafter “Complainant”) appeared on his own behalf. J Cardenas Roofing LLC (hereinafter “Cardenas”) appeared through its authorized representative, Erica Cardenas. Jesus Cardenas was present and appeared as a witness. The assigned Agency Inspector Mike Nieves appeared and testified telephonically. 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, Cardenas agreed to correct Complainant’s roof. Complainant agreed to allow Cardenas access to his roof, 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 Cardenas 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).[1] 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, October 15, 2012.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed October 23, 2012 to:

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

Thomas A. Evans Mrs Diane M Evans 1091 W Safari Dr Tucson AZ 85704-2841

J Cardenas Roofing LLC 6733 S Lundy Ave Tucson AZ 85756-6633

By: Cruz Serrano

----------------------- [1] A.A.C. R2-19-111 provides as follows:

R2-19-111. Vacating a Hearing

An administrative law judge shall vacate a calendared hearing and return the matter to the agency for further action, if: 1. The parties agree to vacate the hearing; 2. The agency dismisses the matter; 3. The non-agency party withdraws the appeal; or 4. Facts demonstrate to the administrative law judge that it is appropriate to vacate the hearing for the purpose of informal disposition, or if the action will further administrative convenience, expedition and economy and does not conflict with law or cause undue prejudice to any party.

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