ALJDEC

97F-H0233-ROC · Registrar of Contractors · 1998-05-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 14, 1998. APPEARANCES: Michael D. McAfee, Complainant, appeared on his own behalf. Willard Van Pelt, Respondent and holder of Class B license No. 110568, appeared representing himself.

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 Complainants. Evidence and argument 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, the parties discussed resolution of this matter off the record. Following their discussion, the parties concluded a settlement agreement, the essential terms of which were read into the record. 2. Pursuant to the terms of the settlement agreement reached between the parties, Respondent agrees to pay Complainant $1,700.00 to settle Complainants’ claims in this matter and dismiss this case. Respondent paid Complainant this sum during the hearing. 3. 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 during the hearing in this matter, having been found to be reasonably and voluntary made, warrants termination of the instant hearing and dismissal of the charges in the Citation and Complaint.

RECOMMENDED DECISION In view of the foregoing, this Judge recommends that Citation H97- 0233, . . . together with the entire Complaint upon which it is based, be dismissed. Done this day, May 18, 1998.

______________________________________ Kip M. Micuda Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, 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