ALJDEC

98F-1126-ROC · Registrar of Contractors · 1998-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 8, 1998

APPEARANCES: Kimberly Hill for the Complainant; John Marion for the Respondent.

ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

Based on the record, the following Findings of Fact , Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. Following a prolonged discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to pay the principal amount of $1,476.65 to Complainant by September 15, 1998; it was further agreed that if Respondent fails to make such payment that Complainant may seek to recover the principal amount plus interest, however, from July 8, 1998, through and including September 15, 1998, interest shall not accrue.

3. If any petition for rehearing of this matter is filed and granted, or if any complaint is filed regarding this matter, the sole issue for determination shall be whether the Respondent has performed its respective obligations under the terms of the above-mentioned settlement agreement. 4. The terms of the above-mentioned settlement appeared to be 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 of settlement 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. RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. 98-1126 together with the Complaint upon which it is based, be dismissed. Done this day, July 9, 1998.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By ___________________________ -----------------------

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