ROC Vacate

2013A-3240-ROC · Registrar of Contractors · 2015-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on September 3, 2015. Mike Nigro (hereinafter “Complainant”) appeared on his own behalf. Jeffrey D. Gautreaux, Esq. represented S P E Systems Inc., License Nos: B. B-1.151946- C, CR11.201277-D, CR77.201274-D and CR79.201276-D (“Respondent”). Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are submitted to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT 1. At the onset of the scheduled hearing, outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were stated upon the record. 2. The terms of the aforementioned settlement agreement are as follows: a. Respondent will pay $500.00 to Complainant by 5:00 p.m. on September 10, 2015; b. Complainant agreed to dismiss his complaint against Respondent and to dismiss a concurrent civil matter that he had filed against Respondent (CV2D150027). 3. The Administrative Law Judge finds the terms of the foregoing settlement to be the product of knowing and voluntary action on the part of each party. 4. Based on the settlement agreement between the parties, the hearing was vacated. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be voluntarily made, warrants the termination of the instant hearing. ORDER In view of the foregoing, the hearing in this matter is vacated and the matter is hereby remanded to the Registrar of Contractors for appropriate disposition. Done this day, September 3, 2015.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed September 3, 2015 to:

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

Jeffrey D. Gautreaux Musgrove Drutz Kack & Flack, PC P.O. Box 2720 Prescott, Arizona 86305 [email redacted]

Mike Nigro P.O. Box 1151 Dewey, Arizona 86327-1151 [email redacted]

By Dawn Vandeberg -----------------------

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