ALJDEC

99F-1597-ROC · Registrar of Contractors · 1999-09-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 8, 1999 and September 2, 1999. APPEARANCES: The Complainant, Robert E. Flores, appeared personally. Respondent appeared through its owner and qualifying party, Pete Celestino Lara. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ 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. During the course of the hearing of the above entitled matter, but prior to its formal adjournment, the parties concluded a settlement of the issues raised in the Complaint, the essential terms of which were read into the record. 2. Pursuant to the terms of this settlement, the parties agree to the following: c) The parties mutually agree that the scope of remedial work to be performed by Respondent is outlined in Exhibit 3 admitted into evidence, a copy of which is attached to and made a part of this Recommended Decision. d) Respondent shall have completed the above described remedial repairs performed to minimum workmanship standards no later than October 5, 1999. e) The parties agree that no further hearing of this matter at this time is necessary and that the Citation and Complaint should be closed.

3. Each of the parties has the right to file a petition for rehearing in this matter or seek judicial review as provided by applicable state statutes and rules of the Registrar of Contractors and Office of Administrative Hearings. 4. Complainant may also timely file a new complaint against Respondent’s contractor license for any remedial repairs performed by Respondent that do not meet minimum workmanship standards. 5. The parties’ settlement agreement appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a 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 entering into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement as set forth in the parties’ agreement, having been found to be reasonable and voluntarily made, warrants a closing 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 Citation and Complaint in this matter be closed.

Done this day, September 2, 1999.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

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

Registrar of Contractors Mr. Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

-----------------------

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