ALJDEC

99F-1966-ROC · Registrar of Contractors · 1999-07-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 14, 1999.

APPEARANCES: Complainant appeared through its member and qualifying party, Anthony John Fiano.

Respondent appeared through its President and qualifying party, Mike Norman Oliver.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Following discussions between the parties at a recess taken during the presentation of evidence and testimony at the scheduled hearing, with the Administrative Law Judge remaining present, the parties concluded an agreement of settlement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainant agreed to accept, a specified total monetary amount, no later than a stated deadline date, in full satisfaction of the complaint presently pending before the Registrar of Contractors as well as in satisfaction of all underlying claims, counterclaims and set-offs with respect to the parties’ dealings on the identified project. The parties further agreed that the specified settlement amount would be reduced by a fixed sum if payment were to be delivered into Complainant’s possession no later than an earlier designated deadline time. Complainant also agreed to withdraw its complaint and to consent to the entry of an Order dismissing the within Citation without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by Respondent of the payment terms of the agreement.

3. It was mutually agreed, as an express term of the concluded settlement, that the specified payment was being made and accepted by the respective parties without any admission of fault, wrongdoing, monetary obligation or responsibility on the part of Respondent and without any admission on the part of Complainant that it was not entitled to the receipt of a greater monetary amount.

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 by the Registrar shall be whether Respondent has performed its payment obligations under the terms of the aforesaid settlement agreement.

5. It did not appear from the case file than any valid written directive had been issued by the Registrar’s assigned Inspector requiring the payment by Respondent of any sum certain to Complainant. On the contrary, an ongoing dispute between the parties was shown to have existed with respect to the balance, if any, that was past due

and owing. Consequently, a dismissal of the Citation and Complaint in accordance with the terms of the parties’ settlement is found and determined to be appropriate and fully warranted under all the circumstances.

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. 99-1966 be dismissed.

Dated: July 16, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Michael P. Goldwater Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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