Vacate: Settlement Recommendation

2012A-430-ROC · Registrar of Contractors · 2012-07-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 16, 2012, at 8:00 a.m. APPEARANCES: Complainant appeared through her attorney, Leigh Anne Timiney. Esq., Timiney Law Firm. Respondent appeared through her attorney, Camila Alarcon. Esq., Withey Morris PLC. ADMINISTRATIVE LAW JUDGE: M. Douglas

FINDINGS OF FACT 1. At the onset of the scheduled hearing the parties’ presented an oral Settlement Agreement, the essential terms of which were stated for the record. 2. Pursuant to the terms of the Settlement Agreement, Respondent agreed to pay Complainant the sum of $2,500.00. 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 Director of the Arizona Registrar of Contractors for further disposition.

Done this day, July 17, 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

Clair K. Rice 3104 E Camelback Rd PMB 153 Phoenix AZ 85016-4502

Patricia Ann McQuarrie dba Montana Style Concrete 5001 W Carol Ave Glendale AZ 85302-3518

PO Box 5652 Glendale, AZ 85312

Camila Alarcon Esq. Whitney Morris, PLC 2525 E. Arizona Biltmore, Cir., Ste. A212 Phoenix, AZ 85016-2133

Leigh Anne Timiney Esq. 8127 N 13th Way Phoenix, AZ 85020-3893

By _______________________________

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