ALJDEC

99F-2272-ROC · Registrar of Contractors · 1999-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On September 30, 1999, a hearing was scheduled to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Attorney Jack Klausner represented the Complainants. Attorney Eric Mark represented the Respondent. Prior to convening this disciplinary hearing, the parties informed the undersigned Administrative Law Judge that a settlement had been reached by the parties in this matter. Attorney Jack Klausner dictated the terms of the Settlement Agreement on the record in this matter. FINDINGS OF FACT

1. This case pertains to the appropriate slope of the Complainant’s driveway to allow for the access (and egress) to the Complainants’ home for the following three vehicles: (1) a 28 foot motor home; (2) a boat and trailer; and (3) a Dodge Caravan.

2. The Settlement Agreement is as follows: a. The Complainants shall provide the specifications for the above referenced vehicles to the Respondent by October 31, 1999. b. On or before November 30, 1999, the Respondent shall propose a solution to the Complainants for reconstructing the driveway to allow the Complainants access and egress (regarding the above referenced vehicles) to their home without “bottoming out.” c. On or before December 15, 1999, the Respondent shall complete the reconstruction of the Complainants’ driveway to allow for the Complainants to drive the three aforementioned vehicles to and from the Complainants’ home without “bottoming out.” d. The Respondent has agreed to repave approximately 20 feet of the Complainants’ driveway as specified by Attorney Jack Klausner on the record in this matter. e. The Respondent has agreed to pave the “gutter area” of the street by the Complainants’ home as specified by Attorney Jack Klausner on the record in this matter. CONCLUSIONS OF LAW

1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in Finding of Fact #2 and as set forth on the record in this matter by Attorney Jack Klausner. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainants from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED DECISION

In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for case closure. Done this day, October 1, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

Michael P. Goldwater Registrar of Contractors 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