ROC Vacate with Final Order

2012A-4762-ROC · Registrar of Contractors · 2013-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing on October 7, 2013, 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. A copy of the parties’ written settlement agreement is attached hereto. 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. In light of having entered into the Settlement Agreement, Complainant and Respondent agreed to vacate the hearing in this matter. 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. 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.

Done this day, November 14, 2013.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed November 14, 2013 to:

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

Brazen Builders Inc 7608 W Sweetwater Ave Peoria AZ 85381-4001

Kevin Bhakta Econolodge 1225 East Gurley Street Prescott, Arizona 86301

By L. Barajas

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to Paragraph 5.0 of Interagency Service Agreement ROC-001, entered into by the Registrar of Contractors (Registrar) and the Office of Administrative Hearings (OAH)[1],

Case No. 2012-4762, OAH 2012A-4762-ROC, having been vacated short of a hearing on the merits as the result of (1) an executed settlement agreement, (2) a joint stipulation to withdraw, or (3) a joint notice of resolution,

IT IS ORDERED that Case No. 2012-4762, OAH 2012A-4762-ROC, be closed as resolved/settled/withdrawn, with such closing constituting the further action of the Registrar for the purposes of A.A.C. R2-19-111(1)[2], and so reflected by the Registrar on its website as its administrative action.

Done this day: November 14, 2013.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed November 14, 2013 to:

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

Brazen Builders Inc 7608 W Sweetwater Ave Peoria AZ 85381-4001

Kevin Bhakta Econolodge 1225 East Gurley Street Prescott, Arizona 86301

By L. Barajas

----------------------- [1] http://www.azoah.com/ROC001.pdf

[2] R2-19-111. Vacating a Hearing An administrative law judge shall vacate a calendared hearing and return the matter to the agency for further action, if : 1. The parties agree to vacate the hearing.

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