ALJDEC

99F-P0228-ROC · Registrar of Contractors · 2000-02-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 27, 2000, at 11:00 a.m. APPEARANCES: The Complainant appeared through his attorney, Harold Stephenson. The Respondent appeared through its attorney, Joel Sannes. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 27, 2000. The Complainant appeared through his attorney, Harold Stephenson, and the Respondent appeared on his own behalf. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class B- License issued by the Registrar of Contractors.

2. This matter concerns a residential matter where the Complainants purchased a new residence constructed by the Respondent.

3. Following a recess at the scheduled hearing, the parties entered into a settlement agreement the terms of which were stated for the record.

4. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to properly perform and complete corrective action on the Complainant’s residence with all corrective action to be completed by July 27, 2000. The Complainants agreed to give the Respondent access to their property to perform the agreed upon corrective action and to withdraw their complaint and to the request that the instant citation be dismissed upon the completion of the agreed upon corrective action. The parties stipulated and agreed to request that this matter be automatically dismissed on July 27, 2000, unless there is a written request for further hearing by either party. 5. The parties’ settlement agreement was shown to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals.

2. The parties’ settlement agreement warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation and Complainant No. P99-0228 be dismissed. Done this day, February 3, 2000.

______________________________________ M. DOUGLAS Administrative Law Judge

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

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

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488