ALJDEC

99F-1837-ROC · Registrar of Contractors · 1999-08-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On August 19, 1999, a hearing was scheduled to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Attorney Jack H. Simon appeared on behalf of Stanna Lee Sperling (the “Complainant”). Attorney Jay R. Graif appeared on behalf of Sequoia Contracting, LLC (the “Respondent”). Prior to the conclusion of this disciplinary hearing, the parties informed the undersigned Administrative Law Judge that a settlement had been reached by the parties in this matter.

FINDINGS OF FACT

1. The Settlement Agreement is as follows: a. The Respondent shall saw cut and replace the section of the patio slab containing the compound crack. See Item #5 of the Corrective Work Order. b. The Respondent shall replace the master bath’s right mirror. c. The Respondent shall complete the aforementioned work by September 20, 1999. d. The Complainant shall allow reasonable access to the Respondent and the Respondent’s subcontractors or employees.

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 Finding of Fact #1. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing 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. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for any further action that the Director deems appropriate.

Done this day, August 19, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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