ALJDEC

97F-2240-ROC · Registrar of Contractors · 1998-01-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 6, 1998, followed by post-hearing filings. APPEARANCES: Allison Brecher appeared representing Enmar, Inc., Complainant. H and L Concrete Company, holder of a Class L-09 license, number 092119, Respondent, failed to appear.

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (“Registrar”). Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT 1. At the hearing, Complainant informed this Judge that this matter is settled and that the settlement would be consummated by written settlement agreement. Post-hearing filings indicate that the parties have, indeed, settled this matter. 2. Essentially, the terms of the settlement agreement provide that Respondent pay Complainant the sum of $7,181.00. 3. The parties further agree that if Respondent breaches the agreement, Complainant may pursue a determination by the Registrar of Contractors of whether the parties performed their obligations under the terms of the settlement agreement. 4. The terms of the settlement agreement are fair and reasonable under the circumstances. The agreement is also found to be the product of a knowing and voluntary action of each party.

CONCLUSIONS OF LAW 1. The law favors settlement of disputes and adverse parties are 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 in this matter, having been found to be reasonably and voluntary made, warrants dismissal of the charges in the Citation and Complaint. . . .

RECOMMENDED DECISION In view of the foregoing, this Judge recommends that Citation 97- 2240, together with the entire Complaint upon which it is based, be dismissed. Done this day, January 27, 1998.

______________________________________ Kip M. Micuda Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1997, to:

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

By ___________________________ -----------------------

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