Vacate: Settlement Recommendation

2014A-3717-ROC · Registrar of Contractors · 2015-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on August 19, 2015, and December 16, 2015. John Lohr, Esq. represented Complainant Mark Kadrie. Respondent Sargent Enterprises Inc. dba Best All Around Roofing was represented by Douglas Nelson, Esq. 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 commencement of the second day of hearing, the parties concluded a settlement agreement, the terms of which were are set forth in the parties’ written settlement agreement which now is part of the electronic record in this matter. 2. 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. 3. 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, December 16, 2015. /s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed December 16, 2015 to:

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

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