ALJDEC

99F-1764-ROC · Registrar of Contractors · 1999-08-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 11, 1999. APPEARANCES: Sheila and Bill Vance appeared as Complainants. Mark Hughes, attorney, and Jeff D. Burkett appeared on behalf of Respondent. John Ratcliff, Registrar of Contractors Inspector, appeared as a witness. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ Having heard the testimony of the witnesses and having read and considered the entire record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and issues the following Recommended Decision to the Registrar of Contractors. FINDINGS OF FACT

1. Immediately prior to the formal opening of the scheduled hearing, the parties confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to relocate the entire project which had been performed for Complainant 17 ½ inches to the west, to repair or patch any damage done in moving the porch, to begin the job on August 18, 1999 and complete it in two weeks barring any unforeseen delays. Complainant also agreed to withdraw its complaint and to consent to the entry of an Order dismissing the within Citation with prejudice to the reopening of same or the filing of a new complaint.

3. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement.

4. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issue for determination should be whether Respondent has performed its obligations under the terms of the aforesaid settlement agreement.

5. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of 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 entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the dismissal of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. 99F-1764-ROC be dismissed. Done this day, August 20, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

Michael 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