ROC Vacate

2015A-3328-ROC · Registrar of Contractors · 2016-01-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter convened on January 28, 2016. John S. Babor (hereinafter “Complainant”) appeared on his own behalf. Legacy Custom Building and Remodeling Inc. dba Legacy Design Build Remolding (hereinafter “Respondent”) appeared through its authorized representative, J.J. Levenske. 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 agreed to complete corrective action on Item 13 of the Registrar’s written Directive by February 12, 2016; b. The parties agreed to split the cost of paying an agreed upon contractor to correct item 14 of the Registrar’s written Directive.[1] Said corrective work to include the installation of new drip edge and flashings at sidewall, installing new ACX T&G over existing decking, and installation of walk deck as set forth in agreed upon contractor’s proposal. The parties agreed the Complainant would pay the initial 25% with Respondent paying the next 50% and Complainant paying the remaining 25% of the proposal cost of $14,459.00. c. Complainant agreed to close his complaint against the Respondent. 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, February 1, 2016. /s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed January 29, 2016 to:

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

Legacy Custom Building and Remodeling Inc DBA: Legacy Design Build Remodeling 7750 E Gelding Dr Ste 4 Scottsdale, AZ 85260-6972

John S Babor 1630 E Pickrell Dr Phoenix, AZ 85042-8063

By Dawn Vandeberg ----------------------- [1] Diversified Roofing 076746

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