ALJDEC

99F-M1002-ROC · Registrar of Contractors · 2000-05-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1, 2000 APPEARANCES: Bruce Ebmeier on his own behalf; David Jr. Barraza on behalf of the Respondent. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Prior to convening the hearing, the parties entered into a settlement outside of the Administrative Law Judge’s presence. When the hearing convened, the parties presented to this Tribunal a settlement agreement between the parties regarding the issues contained in the filed complaint. 2. The terms of the settlement agreement are as follows: a) During November, 2000, Respondent will remove and replace the cracked section of the rear patio adjacent to existing expansion joints that encompasses the area addressed in item 2 of the Corrective Work Order attached hereto and incorporated herein; b) Complainant will not proceed with item 1 of the attached Corrective Work Order regarding the front patio based upon Respondent’s expressed representation that it will forego any claim regarding the outstanding balance of $876.00 and that Complainant no longer owes Respondent any sum of money with respect to that item; and c) the Complaint filed with the Registrar of Contractors concerning this matter shall be dismissed. 3. During the hearing, the parties agreed that if any petitions for rehearing of this matter were to be filed and granted, or if any new complaints were filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the above-mentioned settlement agreement. 4. The terms of the forgoing 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that the above-mentioned settlement agreement be approved and that the citation issued in this matter, together with the complaint upon which it is based, be dismissed. Done this day, May 1, 2000

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Registrar of Contractors 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