ALJDEC

99F-2205-ROC · Registrar of Contractors · 1999-09-08

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice, a formal hearing was held in this case on September 8, 1999, in Phoenix, Arizona, before Neal H. Jordan, Administrative Law Judge of the Office of Administrative Hearings. APPEARANCES For Complainant: Attorney Richard R. Brennan, Esq. For Respondent: Gregory Tayles, Qualifying Party FINDINGS OF FACT 1. The hearing was recessed to permit settlement discussions to occur between the parties, during which, the parties concluded a settlement agreement, the essential terms of which were read into the record. Pursuant to the terms of the settlement agreement, Respondent has agreed to replace the tile floor originally installed with like-kind ceramic tile with a butt joint installation, including removing the existing tile, preparing the floor for the replacement installation (with refloating of the surface, if required for a proper installation), and correcting or repairing any damaged door jams and baseboards as required. The removal of the existing tile and the installation of the replacement tile floor will be supervised by either Ralph Williamson or Dennis Drosky, experts employed by the parties. Respondent shall have 45 days from the effective date of the Order to complete all aspects of this settlement agreement. 3. 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. 4. The terms of the foregoing settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of a 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 by and between the parties. RECOMMENDATION In view of the foregoing, it is recommended that Citation No. 99- 2205, together with the Complaint upon which it is based, be closed.

DONE AND ENTERED this day, September 8, 1999

______________________________________ Neal H. Jordan Administrative Law Judge

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

Registrar of Contractors Mr. Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826