ALJDEC

98F-T0119-ROC · Registrar of Contractors · 1998-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ROBERT M. SARICH, |§| | | |§|CASE NO.: T98-0119 | |Complainant, |§| | | |§|DOCKET NO.: 98F-T0119-ROC | |-v- |§| | | |§| | |License No.067701, Class C-42R of |§|RECOMMENDED | |Rome Phillip Johnson d.b.a. |§|DECISION AND ORDER | |BUDGET AWNING COMPANY (OWN), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: January 21, 1998, at 8:30 a.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 January 21, 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 C-42R License issued by the Registrar of Contractors.

2. This matter concerns a residential project where the Respondent performed construction work on the Complainant’s residence. The Complainant was dissatisfied with the Respondent’s workmanship and filed a complaint, against the Respondent, with the Registrar of Contractors. The matter was then set for formal hearing.

3. Following a discussion between the parties near the on-set of the hearing, the parties concluded a settlement agreement the essential terms of which were stated for the record.

4. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to, utilize an alternative agreed upon licensed contractor, cause the proper completion of the remaining repairs on the Complainant’s roof and to repay the Complainant for any drywall repairs up to the sum of $350.00, and to properly remove all construction debris from the Complainant’s residence. The parties agreed that all of the above corrective action was to be completed by February 15, 1998.

5. The Complainant agreed to withdraw his complaint and consented to a closing of the instant Citation.

6. 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. T98-0119 be closed.

Dated this 22nd day of January, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of January, 1998 to:

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

Transmitted by:

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