ALJDEC

99F-2661-ROC · Registrar of Contractors · 1999-12-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On December 14, 1999, a hearing was held to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Jose Rodriguez appeared on behalf of the Complainant. Michael Perry appeared on behalf of the Respondent. Prior to the conclusion of this disciplinary hearing, the parties informed the undersigned Administrative Law Judge that a settlement had been reached by the parties in this matter. Mr. Rodriguez dictated the terms of the Settlement Agreement on the record in this matter. FINDINGS OF FACT

1. Jose Rodriguez is the Complainant’s Accounts Representative. Michael Perry is the Respondent’s president and qualifying party.

2. This case pertains to the installation of three trees by the Complainant at a home located at 7701 E. Calle Caballos, Paridise Valley, Arizona. The Respondent agreed to pay the Complainant $4,400.00 to install the trees. The Complainant installed the trees. The Complainant never received $4,400.00 for installing the trees. The Respondent argued that the trees were substandard.

3. The parties agreed to settle this matter. The Settlement Agreement is as follows: a. The Respondent shall pay the Complainant $1,000.00 on or before January 15, 2000. b. The Respondent shall pay the Complainant $1,000.00 on or before April 15, 2000. c. Upon receipt of the $2,000.00, the Complainant shall deem the payment of the $2,000.00 as a full satisfaction of the debt owed to the Complainant by the Respondent for the installation of the above referenced trees.

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 #3. 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 Complainant 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 the Respondent’s Class C-21 License Number 123310 not be disciplined and that the entire Citation and Complaint in Case Number 99- 2661 be dismissed.

Done this day, December 14, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

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

By ___________________________

-----------------------

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