ALJDEC

99F-2009-ROC · Registrar of Contractors · 1999-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 1, 1999 APPEARANCES: Complainants appeared through Co-Complainant, Amelia Gutierrez, and Respondent was represented by its attorney, Jaime Holguen. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to accomplish the following on or before August 1, 1999: a. Remove and properly install the metal jack stand for the cooler. Respondent will insure that the stand is installed under the shingles and properly sealed to the roof. b. The cooler was installed too close to the soil vent pipe and Respondent will move same to comply with all applicable code requirements. c. All duct work utilized for the cooler system shall be made large enough to insure proper operation of said cooler. d. The original air registers are too small and Respondent will replace with larger and more appropriate size registers. e. All unnecessary twists in the flex duct system will be removed. f. The entire air conditioning system needs to be properly balanced. g. Respondent will inspect and then repair or replace, if necessary, the thermostat. h. Respondent will retain the services of a licensed residential roofing contractor to accomplish the following: i. There is a specified area of the roof wherein Respondent had previously cut a hole in the roof for the purpose of running duct work to the newly enclosed patio area. The hole in question was cut too large and merely covered over with rolled roofing. The roofer will install appropriate plywood roofing material in said area and properly re-roof over the newly installed plywood. ii. The roofer will replace all shingles damaged by Respondent’s work on the roof to insure that the roof is left in the same condition that the roof was in prior to Respondent’s work in said area. All of the foregoing work must be performed in a proper workmanlike manner. 3. In exchange for Respondent agreeing to accomplish the above- described remedial work, Complainant agreed to accept the heat-pump system installed on her home and withdraw the filed complaint. 4. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement.

5. The terms of the forgoing settlement appeared to be 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 of settlement 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.

RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 99- 2009, together with the Complaint upon which it is based, be closed.

Done this day, July 2, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

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

Michael P. 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