ALJDEC

98F-P0319-ROC · Registrar of Contractors · 1999-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 14, 1999. APPEARANCES: APPELLANT: Jeanne Randall, on her own behalf; represented by Brad Carlyon, Esq.: RESPONDENT: Carwin Slade, sole proprietor.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ This matter proceeded to hearing on May 14, 1999, for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors. However, at the time the hearing convened, the parties notified the undersigned that they had mutually agreed, in writing, to the terms of a settlement. Based on consideration of the evidence presented at that time; the specifics of the settlement agreement; and the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made and submitted to the Director of the Arizona Registrar of Contractors (“Registrar”): FINDINGS OF FACT 1. Prior to formal presentation of evidence in this matter, the parties reached a good faith settlement of the issues raised in the complaint, which settlement agreement was reduced to writing, signed by the parties, and which essential terms were read into the record. 2. By virtue of the settlement agreement, all rights and defenses of the parties will be and have been merged therein, and if any petition for further hearing or rehearing is filed, the sole issues for determination by the Registrar will be whether the parties have performed their respective obligations under the terms of the agreement. 3. The agreement appears to the undersigned to be fair and reasonable under all the circumstances and upon consideration of the entire record, and is found to have been the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW 1. The law favors settlements 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 the Citation and Complaint in Case No. P98-0319.

RECOMMENDED DECISION In view of the foregoing, IT IS RECOMMENDED that the agreement be adopted by the Registrar of Contractors, and that the Citation and Complaint in Case No. 98-3161 be closed. Done this day, May 17, 1999.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

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

ATTN: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826