ALJDEC

99F-M1387-ROC · Registrar of Contractors · 1999-12-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 21, 1999 APPEARANCES: Craig Rudolphy on his own behalf; Thomas Joseph Manadarino on his own behalf ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. During a recess of 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) on December 27, 1999, Respondent shall tender a $500.00 check from M T M Security Specialist’s checking account made payable to Complainant; b) on December 27, 1999, Respondent shall provide Complainant with a letter relieving Complainant from any monitoring contract Complainant may have with Respondent’s security monitoring system and represent that Complainant does not owe Respondent any sum with respect to any such contract; and c) the Complaint in this matter shall be dismissed.

3. During the hearing, the parties agreed that all rights and defenses were to be merged into the settlement agreement and 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, December 22, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

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

ATTN: Joyce Armijo

By ___________________________

-----------------------

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