ALJDEC

99F-M1578-ROC · Registrar of Contractors · 2000-02-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 29, 2000. APPEARANCES: The Complainant, John O’Loughlin, appeared personally. Respondent was represented by its attorney, John Doyle, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. During the course of the hearing, but prior to its conclusion, the parties reached a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the settlement agreement, the parties agree to the following:

a) Respondent shall remove all 18” tiles in Complainant’s entryway. b) Complainant shall use his best efforts to contact CHI Construction Company to have it level the concrete floor in the entryway as the latter had agreed to do in the settlement agreement in Docket No. 98F-M1712-ROC. c) After CHI Construction Company has leveled the entryway floor, Respondent shall install all 18” tiles in the kitchen and the entryway. d) Respondent shall perform its portion of the above-described work within 30 days from the date of this hearing.[1]

3. The parties agree that the Citation and Complaint in this matter should be dismissed.[2] 4. The terms of the foregoing settlement appeared to be fair and 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.

CONCLUSION OF LAW

1. The policy of the law favors the 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 and the approval and adoption of the parties’ agreement in all respects, including the requested dismissal of the Citation and Complaint in this matter. RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed as requested by the parties.

Done this day, February 29, 2000

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Griselda Ybarra 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] The parties acknowledge that this time frame is subject to the leveling of the entryway concrete floor by CHI Construction Company. [2] The parties were advised that despite a recommendation to dismiss this matter, the Registrar of Contractors may instead elect to close the Citation and Complaint.

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