ALJDEC

99F-L0164-ROC · Registrar of Contractors · 2000-02-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Wednesday, February 2nd, 2000; 9:00 a.m. APPEARANCES: The Complainant was represented by Mr. Thomas E. Ackland, President, Ackland & Assoc., Inc. The Respondent was represented by Mr. Kenneth Roy Bourlier, Jr., Qualifying Party. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ This matter was brought on for administrative hearing on Wednesday, February 2nd, 2000, at 9:00 a.m. Prior to the commencement of the hearing, the parties discussed the case amongst themselves, and outside the presence of the Administrative Law Judge. The parties were able to mutually resolve the contested issues associated with this complaint. Both parties avowed that the settlement was a fair and proper disposition. Accordingly, an evidentiary hearing was not held, but the parties went on the record with the Administrative Law Judge presiding, in order to affirm and memorialize their settlement. Parties may resolve a contested case by agreed settlement. A.R.S. §§41-1061.D., 41-1092.07.F.5. The parties agreed as follows: 1. Respondent shall within thirty days from the date of the hearing, research into whether there exist any alternative methods to bring the subject wall into compliance with plans and building codes (ICBO, ULB), including the possibility of making additional improvements, short of complete removal of the stucco and foam and replacement. 2. In the event the Respondent fails to produce any suitable alternative to complete removal and replacement of the stucco and foam at the subject wall within thirty days, he shall, in a workmanlike manner, and within all industry standards and up to all codes, complete removal and replacement of the stucco job at the subject wall, according to the contract plans and specifications (including that it be a “1-hour wall” construction). 3. Whichever method of correction Respondent pursues, all necessary work shall be completed no later than May 2nd, 2000. 4. The parties agree that if in the future any compliance hearing is necessary, the scope of such a hearing shall be limited to whether the settlement agreement has been properly fulfilled. 5. The terms of the parties’ settlement appear to the Administrative Law Judge to be a fair and just resolution of this controversy.

RECOMMENDED ORDER

Wherefore, it is hereby recommended that that Registrar approve and accept the parties’ agreed settlement and close Citation and complaint No. 99F-L0164. Done this day, February 11th, 2000.

______________________________________ GRANT WINSTON Administrative Law Judge

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

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

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488