ALJDEC

98F-2748-ROC · Registrar of Contractors · 1999-10-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 23, 1999. APPEARANCES: COMPLAINANT: Anthony Taglilavore. RESPONDENT: by Sal DiGiovanni, authorized representative.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ This matter proceeded to hearing on September 23, 1999, at which time the record was held open to allow the parties the opportunity to complete efforts directed to resolving the dispute at issue. Thereafter, on October 13, 1999, correspondence was filed by Respondent and initialed by Complainant, which confirms Respondent had completed the agreed-upon corrective action. Therefore, based on consideration of the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made and submitted to the Director of the Arizona Registrar of Contractors:

FINDINGS OF FACT

1. Prior to formal completion of proceedings in this matter, Respondent satisfactorily completed appropriate corrective action to address the remaining issues originally raised in the complaint, as confirmed in documents filed on October 13, 1999. 2. In essence, those documents affirm that Respondent has taken the appropriate corrective action necessary to meet the workmanship standards addressed in the June 22, 1999 directive issued by the Registrar’s Inspector Ratcliff. 3. The documents were authored by Respondent’s representative and initialed by Complainant, and are incorporated into this Recommended Decision by reference, as if fully set forth herein. 4. The manner in which this dispute has been resolved appears to the undersigned to be fair and reasonable under all the circumstances and upon consideration of the entire record, and is found to have been the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The law favors settlements of disputes. The parties to a proceeding such as this should be free to resolve their differences to their individual satisfaction, and such resolution should be recognized and given effect by tribunals. 2. The resolution herein, with Respondent completing remedial work to the Registrar’s standards and Complainant's satisfaction, now warrants closing the charges alleged in the Citation and Complaint in Case No. 98- 2748.

RECOMMENDED DECISION

In view of the foregoing, IT IS RECOMMENDED that the Citation and Complaint in Case No. 98-3161 be closed. Done this day, October 15, 1999.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

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

By ___________________________

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