ALJDEC

97F-P0182-ROC · Registrar of Contractors · 1997-10-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 9, 1997 APPEARANCE: Martin Properties (Joe Martin), Complainant, in his own behalf Brent Welker, Attorney at Law, 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 concluded a settlement of the issues raised in the Complaint, the essential terms of which were stated on the record. Under the material terms of this settlement agreement (Agreement), the Complainant agreed to withdraw the Complaint, with the resulting dismissal of the Citation against the Respondent and the Respondent agreed to pay the Complainant the amount of $1,500.00 within 45 days of this Agreement. The Complainant further agreed to release the Respondent from any civil claims relating to the Complaint. By virtue of the 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 appears to be fair and reasonable under the all 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 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 10, 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