ALJDEC

99F-3420-ROC · Registrar of Contractors · 2000-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 6, 2000 APPEARANCES: Complainant : Christopher Cornwell appeared at the hearing pro se. Respondent : Lyndon B. Steimel, Esq., appeared on behalf of Ram Services, Inc.; Witness James Fine, President of the company; Steve Warning, Employee Witness. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________FINDING S OF FACT 1. The hearing convened as scheduled on January 5, 2000 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 and a copy of which is attached to this Recommended Decision as Exhibit A.. 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 reimburse Complainant the sum of $250.00, tendered by corporate check paid to Cornwell Construction Industries at the time of the execution of this stipulation and agreement, for costs incurred by Complainant relative the job at issue; (2) to dismiss with prejudice a complaint which Ram Services, Inc. has filed in the Northeast Justice Court against Cornwell Construction Industries, evidence of the dismissal to be provided Complainant within seven days of this settlement and agreement. Complainant, in turn, agrees (1) to withdraw the complaint which it has previously filed with the Registrar of Contractors bearing Citation and Complaint No. 99-3420 and which is the subject of this hearing; (2) to dismiss with prejudice its counterclaim filed in the Northeast Justice Court to which this Recommended Decision has alluded. 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. 99-3420, together with the Complaint upon which it is based, be closed. Set forth this 6th day of January in the year 2000.

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors 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