ALJDEC

98F-3243-ROC · Registrar of Contractors · 1998-11-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 10, 1998 APPEARANCES: COMPLAINANT: by David Stratford, President; RESPONDENT: by Anthony Arcaro, President ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________

This matter was scheduled for hearing on November 10, 1998, for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors. Prior to convening the hearing, the undersigned was provided information of a settlement agreement, which information results in the following Findings of Fact, Conclusions of Law, and Recommended Decision:

FINDINGS OF FACT

1. Prior to commencing hearing, and following a discussion between the parties, an agreement was reached to resolve and settle the matters at issue, the essential terms of which agreement were read into the record. 2. Pursuant to its terms, Complainant and Respondent agree that Respondent will pay Complainant the sum of $570.00 by close of business on Friday, November 13, 1998. In exchange, Complainant withdraws its complaint, filed with the Registrar of Contractors on or about June 10, 1998, and requests that the Registrar close this matter.

3. The parties were advised by the undersigned that, by virtue of the settlement agreement, all rights and defenses of the parties would be and have been merged therein, and if any petition for further hearing or for a rehearing is filed, the sole issues for determination by the agency will be whether the parties have performed their respective obligations under the terms of the agreement. 4. The agreement appears to the undersigned to be fair and reasonable under all the circumstances, and it is found to have been the product of knowing and voluntary action on the part of each party. 5. The agreement, attached hereto as Exhibit A, is incorporated into this Recommended Decision by reference, as if fully set forth herein.

CONCLUSIONS OF LAW

1. The law favors settlement of disputes. The parties to a proceeding such as this should be free to resolve their differences by entering into settlement agreements or stipulations, and such agreements should be recognized and given effect by tribunals. 2. The terms as set forth in the agreement have been reasonably and voluntarily made, reached in good faith and without coercion, and warrant now closing the charges alleged in Citation and Complaint No. 98-3243.

RECOMMENDED DECISION

In view of the foregoing, IT IS RECOMMENDED that the agreement be adopted by the Registrar of Contractors, and that Citation and Complaint No. 98-3243 be closed. Done this day, November 10, 1998.

_________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of November, 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