ROC Vacate

2015A-3626-ROC · Registrar of Contractors · 2016-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 22, 2016, at 1:00 p.m. APPEARANCES: Fort McDowell Yavapai Materials (hereinafter “Complainant”) was represented by its attorney, Mark Kirkorsky, Esq. Del Tiffany Concrete LLC (hereinafter “Respondent”) appeared through its member, Del Tiffany. ADMINISTRATIVE LAW JUDGE: M. Douglas ________________________________________________________________

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 hearing, the parties concluded a settlement agreement, the terms of which were which were stated for the record in this matter. 2. Pursuant to the terms of the parties’ settlement agreement Respondent agreed to pay the Complainant the total sum of $10,303.21. The Respondent agreed to pay the Complainant the sum of $1,000.00 on February 16, 2016, the sum of $2,000.00 on March 15, April 15, and May 15, 2016. The Respondent agreed to pay the remaining balance of $3,303.21 to the Respondent on June 15, 2016. The Respondent acknowledged that it had violated the charged provision of A.R.S. Section 32-1154(A)(10). The parties stipulated that if the Respondent failed to comply with the terms of the settlement agreement that Respondent’s license would be disciplined by the Registrar. 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 remanded to the Registrar of Contractors for appropriate disposition. Done this day, February 8, 2016.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed February 8, 2016 to:

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

Del Tiffany Concrete LLC 2319 E Marmora St Phoenix, AZ 85022-5847 [email redacted]

Fort McDowell Yavapai Materials 13106 N. Hiawatha Hood Road Fort McDowell, AZ 85264

Mark A Kirkorsky Esq. MARK A. KIRKORSKY, P.C. PO Box 25287 [email redacted]

By Dawn Vandeberg

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

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