Vacate: Settlement Recommendation

2012A-442-ROC · Registrar of Contractors · 2012-07-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 17, 2012, at 8:00 a.m. APPEARANCES: Complainant appeared on his own behalf. Silver Sky Solar LLC dba Eclipse Electric (hereinafter “Silver Sky”) appeared through its authorized representative, William Michael Julio Kassemos. 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. Pursuant to the terms of the Settlement Agreement, Silver Sky agreed to pay Complainant the sum of $4,700.00 within sixty days of July 17, 2012 (On or before September 15, 2012). Complainant agreed to withdraw the complaint at issue and agreed to the closing of the instant citation. Complainant further agreed, that after the agreed upon payment is received, Silver Sky would be allowed access to Complainant’s property to retrieve Silver Sky’s construction materials, including solar panels and assorted fittings, located on Complainant’s property. 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 Silver Sky 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

Silver Sky Solar LLC DBA: Eclipse Electric 1034 E. Cloud Rd. Phoenix, AZ 85056-8404

Louin Roberts 15229 N. 27th Drive. Phoenix, Arizona 85053-4927.

By _______________________________

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