ALJDEC

98F-320-ROC · Registrar of Contractors · 1998-06-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |(| | |CYNTHIA LE COMPTE, |(|Case No.: 98/320 | | |(| | |Plaintiff, |(|Docket No.: 98F-320-ROC | | |(| | |vs. |(| | | |(| | |License No. 109176, Class B of |(|Recommended | |SUNQUEST CONSTRUCTION AND REAL |(|Decision and Order | |ESTATE COMPANY, INC., |(| | | |(| | |Defendant. |(| | | |(| |

HEARING: Tuesday, June 16, 1998, at 8:30 a.m. Appearances: The Plaintiff, Ms. Cynthia Le Compte, was represented by Mr. Charles H. Whitehill, Attorney-at-Law. The Defendant appeared through its Qualifying Party, Mr. Richard R. A. Romero. Administrative Law Judge: Grant Winston

This matter was brought on for administrative hearing on Tuesday, June 16, 1998, at 8:30 a.m. Testimony and evidence was heard and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made.

FINDINGS OF FACTS

1. The Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. That revocation is determined to render this defendant unable to remedy the violations of the State of Arizona’s contracting laws which gave rise to the instant claim for damages.

2. Just prior to the call of this case the parties concluded a settlement agreement, the essential terms of which were stated for the record.

3. In accordance with the terms of the settlement agreement, the defendant withdrew its objection to a pay-out from the Contractors’ Recovery Fund, and stipulated to a recommended payment of $20,000.00 from that fund.

4. The settlement agreement was shown to be the product of knowing and voluntary action on the part of each party.

5. Based on credible evidence presented at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the sum of $20,000.00.

Conclusions of Law

1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be given effect by all tribunals.

2. The Plaintiff is a “Person injured” within the meaning of A.R.S. §32- 1131.3.

3. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154.E.

4. An amount appropriate to be awarded to Plaintiff in this case is $20,000.00, all of which should be chargeable against the Defendant and/or persons on the license as set forth at A.R.S. §32-1139.B.

Recommended Order

In view of the foregoing it is hereby recommended that, on the effective date of the Order in this matter, the Registrar of Contractors shall cause payment from the Contractors’ Recovery Fund issue to the Plaintiff in the amount of $20,000.00, for damages.

Dated this 22nd day of June, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this ____ day of June, 1998, to:

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

Transmitted by:

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