ALJDEC

99F-2109-ROC · Registrar of Contractors · 1999-08-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BATEMAN, DENNIS AND STEPHANIE, | | 99F-2109-ROC | |Complainants, | | | | | | | |vs. | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE LAW JUDGE | |LICENSE NO. 109553, CLASS B 0F | | | |TRIMARK HOMES, INC. (CORP.) | | | |Respondent. | | | | | | | | | | |

HEARING: August 3, 1999. APPEARANCES: Dennis Bateman, Complainant, appeared on behalf of himself. John Hoopes, attorney, appeared for Respondent. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

Having heard the testimony of the witnesses and having read and considered the entire record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and issues the following Recommended Decision to the Registrar of Contractors.

FINDINGS OF FACT

1. Complainant filed a complaint against Respondent on January 21, 1999. A hearing on the matter was conducted on August 3, 1999. Shortly after hearing, Respondent’s representative notified the Office of Administrative Hearings that a settlement had been reached between the parties. 2. On August 19, 1999, the Office of Administrative Hearings received confirmation that the parties had signed a stipulation to settle the matter and agreed that the matter may be dismissed with prejudice.

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 stipulation of the parties indicates that they entered it knowingly and voluntarily. Therefore, the stipulation should be accepted by the Registrar of Contractors and the matter dismissed with prejudice.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. 99F-2109-ROC be dismissed with prejudice.

Done this day, August 20, 1999.

OFFICE OF ADMNISTRATIVE HEARINGS

___________________________________ Dorinda M. Lang

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