ALJDEC

98F-2521-ROC · Registrar of Contractors · 1998-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 3, 1998 APPEARANCES: Complainant: Stan Felchak, President of Dynamic Building Concepts, Inc. Respondent: M. Thomas Coggins, Vice President of T.B.I. Trademark Builders, Inc. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

The above matter came on for hearing on March 8, 1996. The Complainant appeared through its president, Stan Felchak, who was authorized to represent Complainant in this dispute, and the Respondent appeared through its vice president, M. Thomas Coggins, who was authorized to represent Respondent in this dispute.

FINDINGS OF FACT

1. During a recess in the formal scheduled hearing, the parties negotiated a settlement agreement and, following the recess, confirmed to the Administrative Law Judge on the record that they had settled their dispute.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay, and Complainant agreed to accept, a specified total monetary amount in full satisfaction of the complaint presently pending before the Registrar of Contractors. Complainant also agreed to withdraw its complaint and to consent to the entry of an Order dismissing the Citation at issue without prejudice to the filing of a new complaint in the event Respondent breaches the payment terms of the agreement.

3. The entry into the above-described settlement agreement, which is presented to the Registrar of Contractors for approval and adoption, effectively cut short this administrative disciplinary proceeding. 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 either party files a new complaint, the sole issue for determination shall be whether Respondent has performed its obligations under the terms of the settlement agreement

5. The settlement agreement appeared to be fair and reasonable under all the circumstances and 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 agreement or stipulations, which tribunals should recognize.

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 hearing in this matter and the dismissal 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 Case No. 98F-2521-ROC be dismissed. Done this day, September 3, 1998.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

By _______________________________

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