ALJDEC

99F-F0131-ROC · Registrar of Contractors · 1999-09-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 16, 1999 APPEARANCES: Complainant did not appear for the hearing but Respondent appeared through its attorney, Tony Cullum. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based on the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Prior to the date of the scheduled hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record.

2. Pursuant to the terms of the aforementioned settlement agreement, the owner of the project at issue in the instant matter agreed to tender a check to Complainant in the amount of $10,000.00. The check was to be delivered to Complainant’s attorney on September 16, 1999. Complainant agreed to dismiss the filed complaint.

3. All rights and defenses are 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 issues 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 forgoing 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. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. F99- 0131, together with the Complaint upon which it is based, be dismissed.

Done this day, September 23, 1999

______________________________________ Mark A. Silver Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By ___________________________

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

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