ALJDEC

99F-1416-ROC · Registrar of Contractors · 1999-05-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 25, 1999 APPEARANCES: Maria Ramos, Complainant, in her own behalf, with Maria Palacios as interpreter Herbert Encinas, dba Moon Valley Builders, Respondent in his own behalf ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ FINDINGS OF FACT During the course of the hearing of the above entitled matter, but before the formal adjournment, the parties concluded a settlement of the issues raised in the Complaint, the essential terms of which were made a part of the record. Under the terms of the settlement agreement (Agreement), the Respondent will pay the amount of $2,000.00 to the Complainant in full satisfaction of the claims presented against the Respondent. By virtue of the Agreement, all rights and defenses of the parties have been merged therein and if any petition for rehearing or further hearing is to be filed and granted, or if a new complaint is filed on the same matters, the sole issue for determination by the agency will be whether the parties have performed their respective obligations under the terms of the Agreement. The Agreement is fair and reasonable under the circumstances and was knowingly and voluntarily made by the parties. Conclusion of Law The policy of the law favors the settlement of disputes and parties should be free to enter into agreements and stipulations for settlement which generally should be recognized by all tribunals. The settlement as set forth in the Agreement, being reasonable and voluntary, warrants closing the instant hearing and closing of the charges in the Citation and Complaint, upon satisfactory performance of the Agreement. Recommended Order In view of the foregoing, it is recommended commencing on the effective date of the Order entered in this matter that the Respondent’s Class B license shall be suspended until the Registrar of Contractors has received written proof that the Respondent has paid or tendered payment in the amount of Two Thousand ($2,000.00) Dollars, to the Complaint; It is further recommended that if the Respondent pays or tenders payment to the Complainant, of the amount specified by the Order entered in this matter, then the above mentioned suspension shall not take place and the Citation and Complaint upon which it is based shall be closed. Done this day, May 25, 1999.

_______________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of May, 1999, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826