ALJDEC

97F-2500-ROC · Registrar of Contractors · 1997-10-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 18, 1997, the record remained open until October 10, 1997 APPEARANCES: Robert Collum, vice president of W.J. Collum Roofing Co., on behalf of Complainant Doug Jeffrey, president of Jeffrey Homes, Inc. on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen W. Reed _____________________________________________________________________

FINDINGS OF FACT During the hearing of the above entitled matter, but prior to its completion and formal adjournment, the parties agreed to seek settlement of the issues raised in the Complaint. The record was kept open until October 10, 1997 to allow the parties time to reach final settlement of the case. By letter dated October 10, 1997, the Complainant stated in pertinent part that: “This letter is to serve notice that an agreement has been reached resolving the issues between the above referenced parties. Verbal conformation from the respondent concludes that there are no problems with the work completed and an agreement has been reached reguarding (sic) the balance owed by the respondent to the claimant.”

By virtue of the settlement agreement (Agreement), all rights and defenses of the parties have been merged therein and if any petition for further hearing or for rehearing is to be filed and granted, or if any new complaint is filed, the sole issue for determination by the agency will be whether the parties have performed their respective obligations under the terms of the Agreement. The Agreement as presented appears to be fair and reasonable under the circumstances and it is determined to have been the product of knowing and voluntary action on the part of each party, and the Agreement as stated in the Complainant’s letter is incorporated into this Recommended Decision and Order by reference, as if fully set forth herein. CONCLUSIONS OF LAW The policy of the law favors settlement of disputes, and adverse parties should be free to adjust their differences by entering into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. The settlement as set forth in the Agreement, having been found to be reasonable and voluntarily made, warrants a 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 this case be closed. Done this day, October 15, 1997.

_______________________________ ALLEN W. REED Administrative Law Judge

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

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Varela 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