ALJDEC

99F-M0137-ROC · Registrar of Contractors · 1999-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 2, 1999 APPEARANCES: Complainants appeared through Co-Complainant, Diane Grimnes and Respondent appeared through its qualifying party, T. Brad Millner. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencing the instant 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, Respondent agreed to provide Complainants with sufficient carpet (previously selected by Complainants from Respondent’s supplier) to cover her floors in the living room, dining room, family room, den, stairs, upstairs hallway, and the closet under the stairs of her home. The carpet in question will be delivered to Complainants on or before March 31, 1999. Complainants will be responsible for the installation of the carpet. In addition, when Complainants are ready to install the carpet, they will contact Respondent and the parties will arrange a mutually acceptable date for Respondent to remove the wood flooring that it previously installed in the home and which is the subject matter of the instant complaint filed with the Registrar of Contractors. In exchange for Respondent’s agreement as to its responsibilities under the settlement agreement, Complainants agreed to withdraw the filed complaint. 3. The parties agreed that all rights and defenses were to be 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 foregoing 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. M99- 0137, together with the Complaint upon which it is based, be closed. Done this day, March 9, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of March, 1999, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826