ALJDEC

99F-M0322-ROC · Registrar of Contractors · 1999-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 4, 1999 at 1:30 p.m. APPEARANCES: Complainant’s qualifying party appeared on its behalf; Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

The parties presented evidence and testimony on the issue of Respondent’s alleged failure to perform certain warranty work and, by the end of the hearing, agreed to settle this complaint. Based upon the entire record, the undersigned makes the following Findings of Fact, Conclusions of Law and Recommended Order. FINDINGS OF FACT Complainant has this date informed the undersigned that, pursuant to the parties’ settlement agreement, Respondent has paid and Complainant has accepted a specified total monetary amount in full satisfaction of the complaint presently pending before the Registrar of Contractors. Complainant therefore has asked to withdraw its complaint and has consented to the entry of an order dismissing this complaint. 3. The undersigned notes for the record that a reasonable mistake concerning a complex area of law prevented Respondent from resolving the complaint prior to hearing. Both parties have acted reasonably and in good faith, the terms of the settlement agreement are fair and reasonable under all the circumstances, and the agreement is the result of an informed and voluntary decision by both parties. 4. These administrative disciplinary proceedings are cut short by the parties’ entry into and consummation of their settlement agreement, which is presented to the Registrar of Contractors for approval and adoption. CONCLUSIONS OF LAW 1. Public policy favors settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements. 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 dismissal of the charges contained in the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar dismiss the Citation and Complaint in Case No. M99-0322. Done this day, May 11, 1999.

______________________________________ Diane Mihalsky Administrative Law Judge

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

Registrar of Contractors Mr. Michael P. Goldwater 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