ALJDEC

99F-M1034-ROC · Registrar of Contractors · 1999-11-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On November 22, 1999, a hearing was held to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Attorney Brent Welker represented the Complainant. Attorney John Ryan represented the Respondent. Prior to convening this disciplinary hearing, the parties informed the undersigned Administrative Law Judge that a settlement had been reached by the parties in this matter. Attorneys John Ryan and Brent Welker dictated the terms of the Settlement Agreement on the record in this matter. FINDINGS OF FACT

1. On or about July 21, 1999, ROC Inspector Van Bagley issued a Corrective Work Order (“CWO”) to the Respondent to correct three items (i.e., Items 1, & 5 of the CWO) at the Complainant’s home.

2. The Settlement Agreement is as follows: a. The Respondent shall pay for an independent third party inspector to inspect the Complainant’s home regarding Items 1, 2 & 5 of the CWO. The parties shall mutually select the independent third party inspector. b. The independent third party inspector shall determine if Items 1, 2 & 5 of the CWO were performed in a matter consistent with the Uniform Building Code, the Rules of the Department of Building and Fire Safety and the applicable industry standards. If necessary, the third party inspector’s inspection shall include an engineering analysis and design by a registered engineer. c. If it is determined that corrective work is necessary, then the Respondent shall perform the corrective work at the Complainant’s home within 60 days of December 1, 1999. d. If it is determined that corrective work is necessary, then the Complainant shall allow reasonable access to her home for the Respondent and the Respondent’s representatives to perform the corrective work. e. The Respondent shall stay its civil action against the Complainant pending the resolution of this Settlement Agreement. f. The parties shall cooperate and work together in good faith to resolve items 1, 2 & 5 of the CWO. g. This Settlement Agreement includes no admission of liability by the Respondent regarding Items 1, 2 & 5 of the CWO.

CONCLUSIONS OF LAW

1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the Settlement Agreement as set forth in Finding of Fact #2 and as set forth on the record in this matter by Attorneys John Ryan and Brent Welker. The undersigned Administrative Law Judge further concludes that this Settlement Agreement is both fair and reasonable under the circumstances.

2. The Settlement Agreement reached and submitted during the hearing in this matter warrants the termination of this hearing. However, the Settlement Agreement does not bar the Complainants from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the Settlement Agreement.

RECOMMENDED DECISION

In view of the foregoing, it is recommended that the Registrar of Contractors accept and approve the aforementioned Settlement Agreement between the parties. The undersigned Administrative Law Judge further recommends that this matter be remanded to the Registrar of Contractors for case closure.

Done this day, December 3, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

Mr. Michael P. Goldwater 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