ALJDEC

98F-L0186-ROC · Registrar of Contractors · 1998-11-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|RUSSELL KENNETT, |§| | | |§|CASE NO.: L98-0186 | |Complainant, |§| | | |§|DOCKET NO.: 98F-L0186-ROC | |-v- |§| | | |§| | |License No. 100090, Class B-05 |§|RECOMMENDED | |of |§|DECISION AND ORDER | |MONTGOMERY POOLS (INDIV), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: October 28, 1998, at 2:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 28, 1998. The Complainant appeared on his own behalf and the Respondent appeared on his own behalf. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class B-05 License issued by the Registrar of Contractors.

2. This matter concerns a residential project where the Respondent installed a new swimming pool at the Complainant’s residence.

3. After the swimming pool was completed the Complainant experienced a lightening strike near the swimming pool and shortly thereafter the pool decking began to display settle damage. The Complainant then filed a formal complaint with the Registrar of Contractors.

4. Pursuant to the filing of the formal complainant, an assigned agency inspector performed an on-site inspection and issued a written corrective work order.

5. There was no dispute that the Respondent had substantially complied with the terms of the written corrective work order.

6. Following a recess at the scheduled hearing, the parties concluded a settlement agreement. Pursuant to the terms of the parties’ settlement agreement the Respondent agreed to furnish the Complainant with sufficient paint to touch up corrected areas around the swimming pool and the Complainant agreed to withdraw his complaint and to request that this matter be dismissed.

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

CONCLUSIONS OF LAW

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

2. The parties’ settlement agreement warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. 98F- L0186 be dismissed.

Dated this 12th day of November, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of November, 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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