ALJDEC

99F-M1183-ROC-com · Registrar of Contractors · 2000-05-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1 and May 31, 2000 APPEARANCES: Complainant : Michael Primiano appeared at the hearing pro se. Respondent : John Rasmussen, Esq. and Dale Robinson, Esq., with the Mesa, Arizona law firm of Johnson, Rasmussen, Robinson & Allen, P.L.C.; Steve Lambert Owner. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on May 1, 2000, was adjourned and reconvened on May 31, 2000 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the second day of hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainants having filed their complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Registrar of Contractors, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) to pay to Complainants the sum of $7,500., $3,750. payable by June 2, 2000, with the $3,750. balance due by June 30, 2000; and (2) to forbear attempts to collect any sum heretofore alleged by Respondent as due and owing on the contract, or any ostensible modifications thereto or amendments thereof, between the parties relating to the construction project that is the subject of this complaint. In consideration for Respondent’s offer, Complainants, in turn, acknowledge Respondent’s action as in compliance with the Registrar’s Order of December 6, 1999. Further, the parties hereto have expressly waived rights to litigate, in any forum, the underlying project agreement and alleged breach thereof. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all the circumstances and this agreement is hereby determined the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the relevant tribunal. 2. The settlement reached and crafted by the parties during the hearing of this matter and which has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Citation No. M99-1183, together with the Complaint upon which it is based, be closed.

Set forth this 31st day of May in the year 2000.

______________________________________ Gary B. Strickland 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