ALJDEC

97F-2110-ROC · Registrar of Contractors · 1998-05-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 21, 1998.

APPEARANCES: Complainant, Leland C. Kriz, appeared in his own behalf.

Respondent, Del Webb Communities, was represented by its attorney, Christopher G. Hamill, Esq.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Immediately after the formal opening of the scheduled hearing, and following a discussion of previously agreed details as set forth in a letter proposal that had been acceptable, the parties confirmed to the Administrative Law Judge that they had ratified and concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed, without any admission of fault or liability, to obtain and to pay for certain specified floor covering materials, described and identified in a prior letter agreement between the parties dated October 20, 1997, and also to deliver such materials to Complainant’s residence within a stated time frame. Complainant agreed, without any admission that he did not have greater entitlements, to accept delivery of the described materials in full satisfaction of his pending complaint, acknowledging his own responsibility for the full performance and payment for installation of the delivered materials, and to promptly make and communicate an alternate selection of materials in the event that the previously identified materials prove to be unavailable in the quantities needed for the contemplated work in the home. Respondent confirmed its agreement to expeditiously obtain, pay for and deliver any such alternatively selected materials. Complainant also agreed to withdraw his pending complaint and to consent to the entry of an Order closing the within Citation.

3. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future breach of the delivery terms of the settlement agreement will not only constitute grounds for the filing of a new complaint but also shall warrant treatment as a circumstance in aggravation.

4. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

5. The terms of the foregoing settlement agreement appeared to be fair and 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 agreement or stipulations 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 and the closing of the charges contained in the Citation and Complaint. ……. ……. …….

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. 97-2110 be closed.

Dated: May 25, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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