ALJDEC

99F-214-ROC · Registrar of Contractors · 1999-04-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 7, 1999 at 9:00 a.m. APPEARANCES: Plaintiff appeared telephonically on his own behalf; Defendant did not appear; the Registrar of Contractors appeared through his attorney, Michelle Wood, Esq., Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

Plaintiff and the Registrar of Contractors’ attorney appeared at the time previously scheduled for hearing in this matter and confirmed the terms of the settlement they had entered into shortly before the hearing. Based upon the entire record, the undersigned makes the following Findings of Fact, Conclusions of Law and Recommended Order. FINDINGS OF FACT The Registrar issued License No. 122839, Class C-21, to Defendant, a corporation. On or about March 29, 1997, Defendant contracted with Plaintiff to perform certain landscaping work at Plaintiff’s residence. After several amendments, on May 31, 1997, the amount of the contract was $11,802.58. Defendant subsequently failed to perform in a professional and workmanlike manner certain work he had undertaken and abandoned the remaining work to be performed pursuant to the contract. On or about March 3, 1998, Plaintiff filed a complaint against Defendant’s license to the Registrar of Contractors, which complaint indicated that $217.55 remained due under the amended contract. The Registrar subsequently confirmed Defendant’s deficient workmanship and abandonment of its contract with Plaintiff. Plaintiff subsequently spent $2,540.99 to complete the work contemplated by Defendant’s contract. On or about July 17, 1998, the Registrar revoked Defendant’s license as a result of an unrelated matter. On or about October 3, 1998, Plaintiff made a claim to the Registrar’s Residential Contractors’ Recovery Fund (“Fund”) under A.R.S. § 32-1131 et seq., which was initially denied. Plaintiff and the Registrar of Contractors’ attorney confirmed to the administrative law judge that they had concluded a settlement agreement, the essential terms of which were read onto the record. The Fund will pay Plaintiff $2,540.99, less the $217.55 that remains due under Plaintiff’s contract with Defendant, or $2,323.44. These administrative proceedings are effectively cut short by Plaintiff’s and the Registrar’s entry into the above-described settlement agreement, which is presented to the Registrar for approval and adoption. All rights and defenses of the parties are merged into the settlement agreement, and if any timely petition for rehearing of this matter is filed, or if any new complaint is filed in the future regarding Defendant’s contract to perform landscaping at Plaintiff’s residence, the sole issue for determination shall be whether Plaintiff has received payment in the amount of $2,323.44 from the Fund. The terms of the foregoing settlement agreement appear 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 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. 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 closing 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. 99/214 be dismissed. Done this day, April 7, 1999.

______________________________________ Diane Mihalsky Administrative Law Judge

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

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

ATTN: Joyce Armijo

By ___________________________

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