ALJDEC
97F-P0233-ROC · Registrar of Contractors · 1998-04-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
| |§| | |MARY LUKES, |§|CASE NO.: p97-0233 | | |§| | | |§|DOCKET NO.: 97F-P0233-ROC | |Complainant, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 118305, Class B- of|§| | |CROWN GENERAL INC. (C .), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |
HEARING: March 25, 1998, at 8:30 a.m. APPEARANCES: The Complainant appeared through her attorney, Brad Carlyaw. The Respondent appeared through its attorney, Duane Smith. ADMINISTRATIVE LAW JUDGE: M. Douglas
This matter came on for hearing on March 25, 1998. The Complainant appeared through her attorney, Brad Carlyaw, and the Respondent appeared through its attorney, Duane Smith. 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 construction project where the Respondent installed a new awning for the Complainant’s residence.
3. The Complainant was dissatisfied with the Complainant’s workmanship and 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 hearing and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.
5. The parties were in dispute as to whether the corrective work order had been complied with and the matter was set for formal hearing.
6. Following a recess at the formal hearing, the parties concluded a settlement agreement the essential terms of which were stated for the record in this matter.
7. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to perform designated corrective action on the Complainant’s residence with all corrective action to be completed no later than April 20, 1998. The Complainant agreed to withdraw her complainant and request a dismissal of the present matter.
8. 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.
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RECOMMENDED ORDER
In view of the foregoing, it is recommended that Citation No. P97- 0233, together with the complaint upon which it is based, be dismissed.
Dated this 1st day of April, 1998.
OFFICE OF ADMINISTRATIVE HEARINGS
_________________________________ M. DOUGLAS Administrative Law Judge
Original mailed this day of April, 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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