ALJDEC

99F-1982-ROC · Registrar of Contractors · 2000-01-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 26, 2000 APPEARANCES: Complainant : Mark LaVoy, D.D.S., appeared at the hearing pro se. Employee/witness Kimberly Razo; Employee/witness Shelly Sams. Respondent : John Sullens, General Manager and Qualifying Party for Sullens Western Construction, LLC pro se; Jim Sullens, Partner. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on January 26, 2000 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainant’s having filed his complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) To readdress items in the Registrar’s Corrective Work Order of February 25, 1999 concerning which Complainant yet manifests dissatisfaction, namely; (2) to replace and install counter tops in five (5) exam rooms to conform with changed shop drawings, the work to commence on March 3, 2000 at 9:00 A.M.; (3) to replace the sliding restroom door with a narrower door on February 11, 2000 at 8:00 A.M., and to make other necessary adjustments to correct the problem; (4) to conduct an “air balance” test on May 18, 2000 in an effort to ameliorate an uneven cooling flow and to make the necessary corrections thereof. Complainant, in turn, agrees (1) to allow the contractor and designated subcontractors, if any there be, unfettered access to the premises at the agreed upon times; (2) to provide the contractor written explanation for Complainant’s determination to deny contractor unlimited access to the premises as heretofore delineated; and (3) to withdraw his complaint before the Registrar of Contractors. The parties stipulate that by this agreement neither party has, in any particular or to any effect, waived respective contractual rights. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by adjudicative tribunals. 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. 99-1982, together with the Complaint upon which it is based, be closed. Set forth this 26th day of January in the year 2000.

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors 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