ALJDEC

97F-H0230-ROC · Registrar of Contractors · 1998-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|cHARLENE AND DON HAFFNER, |§| | | |§|CASE NO.: H97-0230 | |Complainants, |§| | | |§|DOCKET NO.: 97F-H0230-ROC | |-v- |§| | | |§| | |License No. 107173, Class B- of |§|RECOMMENDED | |Don Morton Lander d.b.a. |§|DECISION AND ORDER | |DON M. LANDER (OWN), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: April 28, 1998, at 11:00 a.m. APPEARANCES: The Complainants appeared through Don Haffner. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on April 28, 1998. The Complainants appeared through Don Haffner and the Respondent appeared on his own behalf. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class B- License issued by the Registrar of Contractors.

2. This matter concerns a residential project where the Complainants purchased a new residence constructed by the Respondent.

3. The Complainants were dissatisfied with the Respondent’s workmanship, and with the Respondent’s failure to properly correct his workmanship. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. Pursuant to the filing of the formal complaint, an assigned agency inspector conducted an on-site inspection and issued a written corrective work order.

5. When the Complainants asserted that the Respondent had failed to properly comply with the terms of the corrective work order, the matter was set for formal hearing.

6. Following a recess at the scheduled hearing, the parties concluded a settlement agreement, the essential terms of which were stated for the record.

7. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to cause proper corrections to the Complainants’ residence with all corrective work to be completed by June 15, 1998.

8. The Complainants agreed to withdraw their complaint and to the closing of the complaint at issue.

9. The Agreement was shown to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals.

2. The parties’ settlement agreement warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No.H97-0230 be closed.

Dated this 8th day of May, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of May, 1998 to:

Michael Goldwater, Director Registrar of Contractors Attn: Joyce Armijo 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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