ALJDEC

99F-M1436-ROC · Registrar of Contractors · 2000-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 9, 2000 APPEARANCES: Ronald Boege, Complainant, in his own behalf Larry Day, Senior Vice President, on behalf of the corporate Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. The above entitled matter came on for hearing as set forth in the Notice of Hearing. 2. Prior to the formal presentation of any evidence, the parties commenced settlement negotiations and subsequently entered into a settlement agreement (Agreement). 3. Under the terms of the Agreement, the parties shall meet at the Complainant’s home on February 15, 2000, to determine the insufficiency of the total low vent area for the home. 4. Any such deficiency shall be appropriately corrected by the Respondent within 30 days of February 15, 2000. 5. By virtue of the Agreement, all rights or defenses have been merged therein and if any petition for further hearing or rehearing is to be filed and granted, or if any new complaint is filed, the sole issue for determination will be whether the parties have performed their respective obligations under the terms of the Agreement. 6. The Agreement appears to be fair and reasonable and it is the product of knowing and voluntary action by the parties. 7. The Agreement is incorporated into this recommended order as if fully set forth herein. Conclusions of Law 1. The law favors the settlement of disputes and parties are free to adjust their differences by entering into agreements or stipulations of settlements. 2. The Agreement as set forth is reasonable and was voluntarily made. It warrants the closing of the charges contained in the Citation and Complaint. Recommended Order In view of the foregoing, it is recommended that the Citation and Complaint upon which it is based be closed. Done this day, February 10, 2000

______________________________________ Allen Reed 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