Vacate: Settlement Recommendation

2012A-1891-ROC · Registrar of Contractors · 2012-11-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 27, 2012, at 1:00 p.m. APPEARANCES: Margarita C. Trujillo (hereinafter “Complainant”) appeared on her own behalf. Oro Valley Landscape Systems Inc. Oro Valley Landscape Systems Inc (hereinafter “Landscape”) appeared through its qualifying party, Kenneth Clifford Liebing. 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, Landscape agreed to relocate valves and piping to a new location in Complainant’s yard with all work to be completed on or before January 30, 2013. Complainant agreed to 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 Landscape 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, November 27, 2012.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed November 27, 2012 to:

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

Margarita C. Trujillo 9421 E Calle Bolivar Tucson AZ 85715-5841

Oro Valley Landscape Systems Inc Po Box 69877 Tucson AZ 85737-0023

By TMendez

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