ALJDEC

99F-P0248-ROC · Registrar of Contractors · 1999-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|PATRICK E. HARDEN, |§| | | |§|CASE NO.: P99-0248 | |Complainant, |§| | | |§|DOCKET NO.: 99F-P0248-ROC | |-v- |§| | | |§| | |License No. 089477, Class B- of |§|RECOMMENDED | |HOME TECH INTERNATIONAL (CORP), |§|DECISION AND ORDER | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: September 30, 1999, at 11:00 a.m. APPEARANCES: The Complainant appeared, telephonically, on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on September 30, 1999. The Complainant appeared on his own behalf and the Respondent failed to appear. 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 project where the Respondent installed new, insulated siding on the Complainant’s residence.

3. The Complainant was dissatisfied with the Respondent’s workmanship and filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. Pursuant to the filing of the formal complaint, an assigned agency inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform directed corrective action on the Complainant’s residence.

5. The Respondent failed to correct its workmanship to the Complainant’s satisfaction and the Complainant requested a formal hearing for the matter.

6. At the on-set of the scheduled hearing, the Complainant stated that the parties had entered into an oral settlement agreement and the essential terms of the settlement agreement were stated for the record.

7. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to properly correct the Complainant’s siding as set forth in the written corrective work order. The Complainant agreed to withdraw his complaint and to the closing of the instant citation.

8. The parties agreed that all rights and defenses were to be merged into their settlement agreement and that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement.

9. The 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 No. P99- 0248 be closed.

Dated this 14th day of October, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 1999, to:

Michael Goldwater, Director Registrar of Contractors Attn: Joyce Armijo 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by: -----------------------