ALJDEC

98F-M0426-ROC · Registrar of Contractors · 1998-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 22, 1998.

APPEARANCES: Complainants appeared through Mrs. Penny Pease.

Respondent appeared through it President and qualifying party, Ron Campbell.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. After several hours of hearing, during which testimony and evidence was being presented by both parties, and following a prolonged recess during which an overall resolution of the pending administrative action was discussed, with the Administrative Law Judge remaining present, the parties confirmed that they had concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed on or prior to a stated deadline date, to perform a portion of certain described remedial work on the jobsite personally through its qualifying party, and to cause the performance of the remaining portion of such work through another licensed specialty contractor, also agreeing to issue and deliver specified warranties and/or operation manuals to Complainant.

3. Complainant agreed to grant reasonable and timely access to the premises so as to enable the performance of the contemplated remedial work and to withdraw its complaint filed with the Registrar of Contractors, effectively consenting to the entry of an Order closing the within Citation without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by Respondent of the terms of the parties’ settlement agreement.

4. Both parties agreed to be bound by the opinions of a representative of the equipment manufacturer and of the other licensed specialty contractor as to the adverse impact, if any, on the installed equipment arising from its operation since installation.

5. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future breach of the settlement agreement will not only constitute grounds for the filing of a timely petition for rehearing or a new complaint but also shall warrant treatment as a circumstance in aggravation.

6. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issue for determination shall be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement

7. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the closing of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. M98-M0426 be closed.

Dated: June 23, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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