ALJDEC

99F-2027-ROC · Registrar of Contractors · 1999-07-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 6, 1999 APPEARANCES: Michael Koning on his own behalf; Darrell Hall on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT 1. Following a prolonged discussion between the parties during a recess of the instant hearing, the parties concluded a settlement agreement outside of the Administrative Law Judge’s presence, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, within 60 days from the date of the hearing, Complainant will select a properly licensed contractor to strip and reseal the floor in Complainant’s home for a cost not to exceed $2.50 per square foot for 2,157 square feet with Respondent and Complainant sharing that cost equally. Complainant agreed to withdraw the filed complaint and have this matter dismissed. 3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 4. The terms of the foregoing settlement appear to be reasonable under all the circumstances and the agreement is 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that Citation Numbered 99- 2027 together with the Complaint upon which it is based, be dismissed. Done this day, July 13, 1999.

______________________________________ LEWIS D. KOWAL 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 ___________________________ -----------------------

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