ALJDEC

99F-173-ROC · Registrar of Contractors · 1999-05-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 20, 1999. APPEARANCES: Robert K. Nasser, Plaintiff, appeared on his own behalf. Duke Ransdell, Defendant doing business as Diamond Marble Stone and Tile Specialists and holder of class C-48 license number 109805, appeared on his own behalf. Montgomery Lee, Assistant Attorney General, appeared on behalf of the Residential Contractors’ Recovery Fund.

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held to address Plaintiff’s claim against the Residential Contractors’ Recovery Fund (“Fund”). Based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT 1. At the hearing, the parties requested an opportunity to discuss, informally, resolution of this matter. Following their discussion outside this Judge’s presence, the parties concluded a settlement agreement, the essential terms of which were read into the record. 2. Under the terms of the settlement agreement reached between the parties, Defendant agreed to deliver to Plaintiff at Plaintiff’s residence the sum of $2,437.50, in the form of a cashier’s check, by noon on June 4, 1999. Defendant further agreed that if he failed to comply with his obligations under the agreement, he would not object to the Fund paying Plaintiff the sum of $2,437.50. Plaintiff agreed that, upon receipt of the check from Defendant, he would immediately advise the Office of Administrative Hearings of the his receipt of the funds. He also agreed to this matter being closed if Defendant complied with his obligations outlined above. The Fund joined in the agreement, obliging itself to paying Plaintiff $2,437.50 if Defendant fails to fully perform. 3. The terms of the settlement agreement are fair and reasonable under the circumstances. The agreement is also found to be the product of a knowing and voluntary action of each party. . . .

CONCLUSIONS OF LAW 1. The law favors settlement of disputes and adverse parties are free to adjust their differences by entry into agreements or stipulations of settlement, which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing in this matter, having been found to be reasonably and voluntary made, warrants termination of the instant hearing and dismissal of the matter.

RECOMMENDED DECISION In view of the foregoing, this Judge recommends that the Director embrace the settlement agreement between the parties that he close this matter. Done this day, June 14, 1999.

______________________________________ Kip M. Micuda 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 ___________________________

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