ALJDEC

99F-M0264-ROC · Registrar of Contractors · 1999-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above matter came on for hearing on April 20, 1999. The Complainant appeared through its owner and qualifying party, Mark R. Stewart, and the Respondent appeared through its owner and qualifying party, David Michael Herre.

FINDINGS OF FACT

1. Immediately following a recess during the presentation of evidence and testimony at the scheduled hearing of this matter, the parties reported and confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainant agreed to accept, a specified total monetary amount, no later than a stated deadline date, in full satisfaction of the complaint presently pending before the Registrar of Contractors. Complainant also agreed to withdraw its entire complaint and to consent to the entry of an Order closing the within Citation.

3. It was expressly agreed between the parties that their entry into the settlement agreement was, respectively, without any admission of liability, wrongdoing or fault on the part of Respondent and without any admission that Complainant did not have greater entitlement.

4. Several days following the close of the formal hearing, Complainant reported to the Office of Administrative Hearings that the agreed payment from Respondent had been timely tendered and accepted.

5. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement.

6. The terms of the foregoing settlement agreement appeared to be fair and 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 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 and the closing of the charges contained in the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. M99-0264 be closed.

Dated: April 26, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

ATTN: Joyce Armijo -----------------------

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