ALJDEC

99F-2530-ROC · Registrar of Contractors · 1999-09-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 2, 1999 APPEARANCES: Richard Caruso on behalf of the Complainant; Stacey Miner on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT 1. Following a prolonged discussion between the parties outside of the Administrative Law Judge's presence prior to commencing the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read into the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to: a) provide payment to Complainant in the sum of $550.00; b) the payment would be made by September 3, 1999 at 5:00 p.m. and will be made by cashiers check; and c) honor the two year warranty period through December 22, 1999, for the concrete work performed by Stacey Miner at 2815 West Irvine, Phoenix, Arizona. An essential term of the settlement agreement was that Complainant agreed to dismiss the instant complaint. 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 issue 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 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, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Registrar of Contractors: a) accept the above-mentioned settlement agreement; and b) dismiss Citation No. 99-2530, together with the Complaint upon which it is based. Done this day, September 9, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Michael P. Goldwater Registrar of Contractors 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