ALJDEC

97F-0185-ROC · Registrar of Contractors · 1998-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 6, 1998 APPEARANCES: Complainants appeared on their own behalf and Respondent was represented by its attorney, Bernard Strass. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, during a recess at the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to pay Complainants $500.00 on November 6, 1998. Complainants agreed to waive any current or future warranty claims that they may have against Respondent and to withdraw the filed complaint. 3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

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 reasonable and voluntarily made, warrants the termination of the instant hearing.

RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 97- 0185, together with the Complaint upon which it is based, be dismissed.

Done this day, November 10, 1998.

_________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of October, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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