ALJDEC

96F-2703-ROC · Registrar of Contractors · 1997-12-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 3, 1997; 9:45 P.M.; Phoenix, Arizona APPEARANCES: Complainants: Robert L. Calabrese and Janice Calabrese Respondent: Neil W. Thomson, Esq. ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter came for hearing as scheduled, but prior to the commencement of the hearing, the parties reviewed and discussed the contested issues. The Administrative Law Judge did not participate in the discussions. After extensive negotiations due to technical points, the parties agreed to resolve mutually the contested issues. Their agreement was entered in the record of the hearing. Both parties avowed the agreement represented a proper and fair disposition of the disputed issues. As some technical details had to be reviewed further, the parties agreed they would complete those items before executing a written agreement. The parties were given fifteen days to submit a written agreement to the Office of Administrative Hearings, and they agreed that a copy of the agreement would be submitted to the Arizona Registrar of Contractors (“Registrar”) as part of the recommended decision. A contested case may be resolved by the agreed settlement of the parties. Arizona Revised Statutes § 41-1061(D). On December 18, 1997, the parties filed with the Office of Administrative Hearings their agreement. A copy is attached hereto as Exhibit A. The Agreement filed by the parties conforms with the terms entered in the hearing record. Pursuant to the Registrar’s policy, Respondent is advised that a future breach of the settlement agreement will not only constitute grounds for the issuance of a citation but also may be considered as a matter in aggravation. RECOMMENDED ORDER It is recommended that the Registrar: 1. Accept and approve the agreed settlement of the parties contained in their written agreement. 2. Dismiss Citation and Complaint No. 96-2703. SUBMITTED this 22d day of December, 1997.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order was mailed on December 22, 1997, for distribution to the parties, to:

Michael Goldwater Director Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007-2940

George A. Schade, Jr. -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826