ALJDEC

98F-2155-ROC · Registrar of Contractors · 1998-07-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 9, 1998 APPEARANCES: Complainant appeared telephonically by and through his attorney, Richard Murphy. Respondent appeared at the hearing and was represented by his attorney, Eric Bistrow. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

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 execute and deliver a promissory note to Complainant in the amount of $15,000.00 with specified payment terms. Complainant agreed to withdraw the filed complaint in the instant matter and dismiss any and all other complaints that he had filed with the Registrar of Contractors against Respondent and any other licensed entities wherein either Randall Colebank or Marilyn Colebank appear on said licenses. 3. The parties agreed that all rights and defenses were to be merged into the settlement agreement. They further agreed that in the event of any default by Respondent on the terms of the promissory note, that Complainant’s sole remedy would be through a civil court of competent jurisdiction and specifically not through a Registrar of Contractors’ compliance hearing.

4. The terms of the foregoing 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. 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.

RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 98- 2155, together with the Complaint upon which it is based, be dismissed.

Done this day, July 13, 1998.

_______________________________ MARK A. SILVER Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 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