ALJDEC

99F-F0173-ROC · Registrar of Contractors · 1999-06-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

FINDINGS OF FACT 1. The hearing in this matter was Noticed for hearing to be held on May 26, 1999, pursuant to the Notice of Hearing issued by the Registrar of Contractors (Registrar) on May 3, 1998. The hearing in this matter was scheduled for the purpose of determining whether Respondent was in violation of statute as alleged by the Complainant in its filed Complaint and as Cited by the Registrar. 2. On May 25, 1999, the parties verbally advised the Phoenix Office of Administrative Hearings that the parties had settled the matter and wanted a conference with the administrative law judge, who was in Flagstaff and unavailable due to another hearing. The parties were advised to send in a copy of the settlement to the administrative law judge in Flagstaff or the matter remained set for hearing the next day. 3. Late in the day, the parties filed a Joint Motion for Continuance at the Phoenix Office of Administrative Hearings. That Joint Motion indicated that the parties had arrived at a settlement in principle, and indicated that the parties did not wish the hearing to be canceled until a settlement agreement was signed. The parties requested that the matter be continued for a brief time while the parties finalized and documented the agreement. The Motion did not reach the Administrative Law Judge for ruling prior to the day of the hearing. 4. On May 26, 1999, at the time set for the hearing, the parties arrived to advise that they, in fact, did arrive at a settlement, and provided a copy of the signed written agreement to the administrative law judge. The parties were in agreement to meet at the site to visually verify the map they had drawn as to assignment of responsibility for the agreed repairs, but were in complete understanding on their agreement as to the split of responsibility for the repairs. CONCLUSIONS OF LAW 1. The parties having reached a written settlement, no matter remains for determination by this tribunal. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge recommends that the above captioned matter be dismissed with no action taken against Respondent’s License 090990. RECOMMENDED this day, June 11, 1999.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Copy transmitted by mail this _____ day of June, 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 PH(602) 542-9826/ FAX 542-9827