ALJDEC

97F-2822-ROC · Registrar of Contractors · 1997-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on October 22, 1997. The Complainant, Roberto Cortez, appeared in his own individual behalf and also on behalf of his sole proprietorship entity, Turbo Tile, and the Respondent appeared through its President and qualifying party, Steven Leo Strasser.

FINDINGS OF FACT

1. Following a prolonged recess taken during the presentation of evidence and testimony at the scheduled hearing, the parties confirmed to the Administrative Law Judge that they had 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 to pay or tender, and Complainant agreed to accept, a specified total monetary amount on or before a stated deadline date in full satisfaction of the complaint presently pending before the Registrar of Contractors. Complainant also agreed to execute a described document, to withdraw its complaint and to consent to the entry of an Order closing the within Citation with

prejudice to the pursuit of other remedies in this or other forums based on the same underlying subject matter of this administrative action. It was also mutually agreed that the parties' entry into the settlement agreement was expressly without any admission of fault, responsibility or statutory violations on the part of Respondent and without any admission by Complainant that he did not have a greater entitlement.

3. 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 obligations under the terms of the aforesaid settlement agreement

4. 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 agreements 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. 97-2822 be closed with prejudice.

Dated: October 24, 1997. 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: Jennifer Varela -----------------------

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