ALJDEC

99F-1568-ROC · Registrar of Contractors · 1999-05-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LAURIE JACOBSON, | | Docket No. No. 99F-1568-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | |OF THE ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 074592, Class C-11 of | | | | | | | |RICHARD WARREN WELLS, dba | | | |WELLCO ELECTRIC (INDIV), | | | | | | | |Respondent. | | | | | | |

On May 27, 1999, a hearing was held to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Laurie Jacobson appeared on her own behalf. Attorney Dwight Watland represented the Respondent. Shortly after convening this hearing, the parties reached a settlement in this case.

FINDINGS OF FACT

1. The Settlement Agreement is as follows: 1. The parties agreed that the Respondent will pay $140.00 to the Petitioner by June 4, 1999 so as to resolve this dispute; 2. The parties agreed that the Citation and Complaint in this matter should be dismissed; and 3. The parties agreed that this settlement shall only pertain to this disciplinary proceeding. It will not bar the Complainant from initiating a civil action in Superior Court regarding any future claims pertaining to the Respondent’s work at the Complainant’s home.

CONCLUSIONS OF LAW

1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in the Finding of Fact #1. The undersigned Administrative Law Judge further finds that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainant from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED DECISION

In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. It is further recommended that the Citation and Complaint in this matter be dismissed.

Done this day, May 27, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of May, 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