ALJDEC

99F-M1559-ROC · Registrar of Contractors · 2000-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 28, 2000 APPEARANCES: Patricia Somers, Complainant, in her own behalf Ken Murphy, employee, appeared as a representative of the Respondent.

ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ 1. The above entitled matter came on for hearing at the time, date and place set forth in the Notice of Hearing. 2. Prior to the formal presentation of evidence the parties informed the Administrative Law Judge (ALJ) of a proposed settlement of the issues raised in the Complaint. 3. The essential terms of the settlement agreement (Agreement), concern the Respondent correcting items 1 through 6, 15, 16, 18, 21, 22, 26, 27, 31 of the Corrective Work Order (CWO), by Inspector Van Bagley, dated September 23, 1999, and reinforcing the columns for the fence and re- staining the fence. The parties have also agreed on issues which were not a part of the original complaint. 4. The Respondent has agreed to make the corrections within 60 days from the date of the hearing . The Complaint spends a good deal of time in California, and scheduling of the corrective work to be done when she is in Arizona, requires additional time. 5. One of the reasons for the Respondent’s delay in addressing the CWO, is the fact that the Respondent has sold the Arizona portion of its business. The Respondent is using other contractors to address various complaints including the Complainant’s. 6. By virtue of the Agreement, all rights and defenses of the parties have been merged therein and if any petition for further hearing or for a 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. 7. The Agreement appears to be fair and reasonable and the product of informed and voluntary action by both parties. The Agreement is incorporated into this Recommended Decision by reference as if fully set forth herein. Conclusions of Law 1. The law favors the settlement of disputes. Adverse parties should be free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 2. The settlement as set forth in the Agreement, having been found reasonable and voluntarily made, warrants a closing of the charges made 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 of March, 2000.

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ___ day of March, 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