Vacate: Settlement Recommendation

2012A-762-ROC · Registrar of Contractors · 2012-07-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 19, 2012, at 8:00 a.m. APPEARANCES: Complainant appeared on her own behalf. Respondent appeared through its authorized representative, Daniel Patrick Groce. 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, Respondent agreed properly adjust cabinets, correct gaps, replace base boards and cause a properly licensed electrician to complete all electrical work on the remodeling project at no cost to Complainant. 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 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 19, 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

Carol Nystuen 2024 E Colgate Dr Tempe AZ 85283-2404

LaRocca Construction LLC 8405 E Sahuaro Dr Scottsdale AZ 85260-5329

Christopher Post Eq. E. Rio Salado Pkwy Ste 900 Tempe, AZ 85281-9126

By _______________________________

-----------------------

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