ALJDEC

98F-L0205-ROC · Registrar of Contractors · 1998-08-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 17, 1998 APPEARANCES: Jock Vickers, Complainant in his own behalf Bryan Cogan, president and Qualifying Party on behalf of the corporate Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

FINDINGS OF FACT The Notice of Hearing set the hearing of this case for August 17, 1998 at the Registrar of Contractor’s Office in Lake Havasu City. The date of the hearing was to have been September 17, 1998. On August 17, 1998, the parties appeared at the Registrar’s Office in Lake Havasu City for the hearing. There was no Administrative Law Judge at the office. A telephone call was made to the Office of Administrative Hearings and the matter came on for a telephone hearing. The parties requested a short recess to view the area which is the subject of the complaint. The telephone hearing resumed after the parties had done their inspection. The parties have entered into a stipulated agreement (Agreement), which essentially provides that the Complainant will remove some rows of shingles from the deck area which is the subject of the complaint. The Respondent will then extend flashing and concrete decking to the area from which shingles have been removed and the Complainant will replace the shingles. By virtue of the Agreement, all rights and defenses of the parties have been merged therein and if any petition for further hearing or for rehearing is to be filed or granted, or if any new complaint 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. The Agreement appears to be fair and reasonable under all the circumstances and it is determined to have been knowingly and voluntarily entered by the parties. The Agreement is incorporated into this Recommended Order as if fully set forth herein. CONCLUSIONS OF LAW The law favors settlement of disputes. Adverse parties should be free to adjust their differences by entering agreements and or settlements which should be recognized and given effect by all tribunals. The settlement as set forth in the Agreement, having been found to be reasonable and voluntarily made, warrants a closing of the instant hearing and a closing of the charges in the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing, it is recommended that the instant Citation and Complaint upon which it is based be closed. Done this day, August 17, 1998.

_________________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of August, 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