Vacate: Settlement Recommendation

2012A-183-ROC · Registrar of Contractors · 2012-05-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 16, 2012, at 8:00 a.m. APPEARANCES: Complainant appeared on her own behalf. Respondent appeared through his attorney, Charley L. Laman Esq., of Laman Law Office PLLC. 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 John Gregory Baskin dba Foam One agreed pay the sum of $4,500.00 directly Complainant’s selected roofing contractor identified as Roofing Southwest/Spray Foam Southwest for the repair of Complainant’s roof once the roofing repairs are completed. Complainant agreed 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, May 16, 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

Charley L. Laman Esq. Laman Law Office PLLC 668 N. 44th Street, Suite 300 Phoenix, Arizona 85008

Mary Hansen 944 E Desert Pkwy Tucson AZ 85719-1363

John Gregory Baskin dba Foam One 2130 W. Dahlia Dr. Phoenix, AZ 85029

By _______________________________

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