ALJDEC decisions subject to certification as final

2014A-1202-ROC · Registrar of Contractors · 2014-06-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 4, 2014 APPEARANCES: John Tellier, Assistant Attorney General representing the Registrar of Contractors; Wayne Jewell, Respondent’s Qualifying Party; Michelle Hart, Dennis Schnick, William Hilton, Jose Gill, Klien Skousen, Marli Bea Patterson, Tim Patterson, witnesses and observers ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. This matter came on for hearing on June 4, 2014. Prior to the hearing, the parties agreed to forgo the hearing in consideration of the following agreement, which was read into the record by John Tellier for the Registrar of Contractors and affirmed by Wayne Jewell, Respondent’s representative:

Respondent admits to the factual allegations 1, 2, 3, and 4 of the Citation and Notice of Hearing. Respondent admits to the violations in Count 1 and Count 2 of the Citation and Notice of Hearing. The Registrar of Contractors will dismiss Count 3 of the Citation and Notice of Hearing. Respondent’s license shall be suspended for one day. Within 30 days of the entry of the Order, Respondent will submit proof to the

Registrar of Contractors that it has modified its contract and other documents to bring them into compliance with A.R.S. § 32- 1158(B).

2. Both parties acknowledged on the record that the foregoing summary was voluntarily agreed upon as a settlement in this matter. CONCLUSIONS OF LAW 1. Compromise of controversies is favored by the law. Sturges v. Bennett, 47 Ariz. 470, 56 P.2d 1038 (Ariz. 1936); Dansby v. Buck, 92 Ariz. 1, 373 P.2d 1 (Ariz. 1962). 2. Since both parties confirmed voluntary settlement of the issues at hearing, it is recommended that the appeal be dismissed as settled. RECOMMENDED DECISION Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that this appeal be dismissed as settled.

Done this day, June 12, 2014.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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