Vacate: Settlement Recommendation

2012A-1708-ROC · Registrar of Contractors · 2013-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 7, 2013, at 8:00 a.m. APPEARANCES: James F. Peterson (Hereinafter “Complainant”), appeared on his own behalf. A F Sterling Home Builders LTD (Hereinafter “Respondent”), appeared through its attorney, Jeffrey Brei, Esq., Brei Law Firm. 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 parties agreed to vacate the hearing and to enter into Settlement Agreement. 2. On January 14, 2013, Respondent counsel filed the attached document stating that the parties had reached a Settlement Agreement. No written Settlement Agreement has been filed. 3. This tribunal finds that the parties’ undisclosed Settlement Agreement was the product of knowing and voluntary action on the part of each party thereto. 4. 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 Director of the Arizona Registrar of Contractors for further disposition.

Done this day, January 30, 2013.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed January 28, 2013 to:

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

Jeffrey T. Brei, Esq. Brie Law Firm 4574 N. First Avenue, Suite. 150 Tucson, Arizona 85718

James F. Peterson 5740 N Winding Woods Pl Tucson AZ 85718-8310

A F Sterling Home Builders LTD 6340 N Campbell Ave Ste 240 Tucson AZ 85718-3183

By TMendez

-----------------------

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