ALJDEC
99F-M1579-ROC · Registrar of Contractors · 2000-06-06
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|JAMES B. LANGE, | | No. 99F-M1579-ROC | |Complainant, | |RECOMMENDED DECISION | |vs. | |OF ADMINISTRATIVE | |License No. 082352, Class B of | |LAW JUDGE | |KBS HOMEBUILDERS, INC., | | | |(CORP.) | | | |Respondent. | | | | | | |
HEARING: February 22 and March 9, 2000. APPEARANCES: Dennis B. Liggett, Esq. appeared on behalf of Complainant. Eddie Pantilliat, Esq., appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT 1. This matter proceeded to hearing on February 22, 2000 and March 9, 2000 but did not conclude. After a recess at the March 9, 2000 hearing, the parties jointly requested that the hearing be continued as additional settlement negotiations had been opened. The matter was reset for April 19, 2000. It was again reset to May 25, 2000 at the request of the parties in order to allow the parties to continue negotiation of a settlement. On May 23, 2000, the parties filed a joint motion to vacate the hearing, indicating that the parties had reached a settlement agreement. The parties also indicated that a joint motion to dismiss would follow. On June 28, 2000, a joint motion to dismiss was received indicating the parties had settled the matter and that they wished for the matter to be dismissed. 2. Based on the Complainant’s request to withdraw his appeal, the undersigned then concluded the matter. . . . . . .
CONCLUSIONS OF LAW 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. Here, the undersigned finds that the parties’ (both of whom were represented by counsel) joint request to dismiss the appeal after reaching an amicable settlement warrants the termination of the instant hearing. RECOMMENDED ORDER Based on parties joint request to dismiss the case, the undersigned Administrative Law Judge recommends that the Director of the Registrar of Contractors dismiss the citation and complaint in the instant matter. Done this day, June 29, 2000.
______________________________________ Gregory L. Hanchett 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