ALJDEC

98F-H0119-ROC · Registrar of Contractors · 1998-12-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 1998 (Kingman, Arizona)

APPEARANCES: James Acer appeared on behalf of Complainants; Respondent was represented by B. L. Shuffler, President of the company.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

This case concerns an animal hospital built for Complainants James and Paula Acer by Respondent B. L. Shuffler & Sons, Inc. in Kingman, Arizona. The parties presented evidence and testimony at the hearing and, based upon the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order. FINDINGS OF FACT 1. The hearing in this matter began as scheduled. However, during the course of testimony the parties reached an agreeable solution to this complaint. 2. Respondent agreed to install two drain traps in the remaining two drains in the kennel area of the hospital. Respondent also agreed to pay for half the cost of installing an oxygen line that runs to the x-ray room. 3. Complainants agreed to pay for half of the oxygen line installation and to drop their complaint about the grading of the lot. 4. The agreement of the parties was not put in writing, but was agreed to by both parties on the record. It appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party. 5. The agreement is incorporated into this Recommended Decision by reference.

CONCLUSIONS OF LAW 1. The law favors settlement of disputes. Litigants should be free to resolve their differences by entering into agreements or stipulations of settlement that should be recognized and given effect by tribunals. 2. The settlement as set forth in the agreement of the parties has been reasonably and voluntarily made, and warrants closing the charges contained in the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that the Citation and Complaint against B. L. Shuffler & Sons, Inc., Case No. H98-0119, be closed.

Done this 7th day of December 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of December 1998, to:

Michael P. Goldwater, Director ATTN: Joyce Armijo Registrar of Contractors 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