ALJDEC

99F-2390-ROC · Registrar of Contractors · 1999-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 15, 1999 APPEARANCES: Complainant : Abbas Naini Afzalian appeared at the hearing. The Complainant was represented by William J. Reckling, Esq. Respondent : C C Russell Asphalt Paving was represented by Barbara Lee Caldwell, attorney with the firm of Hebert, Schenk & Johnsen, P.C. Registrar of Contractors: Inspector Phil Coscia. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

FINDINGS OF FACT 1. The hearing convened as scheduled on December 15, 1999 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainant’s having filed his complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) To dismiss with prejudice its lawsuit which it has previously filed in the Northeast Valley Justice Court against Complainant wherein it is seeking $3,600.00, a dismissal motion to be filed prior to December 25, 1999; and (2) to provide Complainant satisfactory evidence that it has released any liens which it had previously filed against Complainant’s property interests, releases to be supplied by December 25, 1999. Complainant, in turn, agrees (1) to reimburse C C Russell Asphalt Paving $400.00, owing and outstanding on an unrelated debt; and (2) to release C C Russell Asphalt Paving from further work on a project at the Auto Club situated at 1607 E. Apache, Tempe, Arizona. The parties stipulate that by this agreement neither party has, in any particular or to any effect, waived respective contractual rights. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by relevant tribunal(s). 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. 99-2390, together with the Complaint upon which it is based, be closed.

Set forth this 15th day of December 1999.

______________________________________ Gary B. Strickland 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826