ALJDEC

98F-2479-ROC-rhg · Registrar of Contractors · 1999-10-27

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for two separate sessions of rehearing commencing on October 26, 1999 and concluding on October 27, 1999. At both sessions, the Complainant was represented by its attorney, Stephen I. Dokken, Esq. and the Respondent was represented by its attorney, James B. Rolle III, Esq.

FINDINGS OF FACT

1. Immediately following a prolonged recess taken at the outset of the second scheduled rehearing session, the parties confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the official record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainant agreed to accept, a specified total monetary amount, payable in designated periodic installments transmitted no later than stated

deadline dates, in full satisfaction of the complaint presently pending before the Registrar of Contractors. Respondent’s sole owner further agreed to execute and to cause his spouse to execute a series of promissory notes and certain other described instruments relating to identified realty, all of which were intended to serve as added security for the agreed payment obligations. Complainant agreed to withdraw its filed complaint, as amended, and to consent to the entry of an Order by the Registrar closing the within Citation with prejudice. Both parties also agreed to execute mutual general releases with respect to terminating and waiving any and all other claims against each other, whether known or unknown at this time, including their respective claims and/or counterclaims that have been or could be asserted in their presently pending civil litigation. Complainant additionally agreed to hold Respondent harmless with respect to any potential claims or lawsuits initiated or otherwise asserted by named third parties.

3. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future breach of the payment terms of the settlement agreement will not only constitute grounds for the filing of a new complaint but also shall warrant treatment as a circumstance in aggravation.

4. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any new complaint is filed in the future, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement

5. The terms of the foregoing settlement agreement appeared to be fair and 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 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 and the closing with prejudice of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER ON REHEARING

In view of the foregoing, it is recommended on rehearing that, in accordance with the terms and conditions of the parties’ settlement agreement, as read upon the record hereunder, the entire Citation and Complaint in Case Number 98-2479 shall be closed with prejudice.

This recommended Order on Rehearing, if and when adopted and approved by the Registrar of Contractors, shall constitute a final administrative decision, reviewable pursuant to the provisions of A.R.S. §12-901.

Dated: October 29, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

ATTN: Joyce Armijo -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826