ALJDEC

99F-S0106-ROC · Registrar of Contractors · 2000-03-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Tuesday, March 7th, 2000; 8:30 a.m. APPEARANCES: The Complainants appeared in their own behalf. The Respondent was represented by Mr. Robert Hershey, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________

This matter was brought on for administrative hearing before the Office of Administrative Hearings on March 7th, 2000. When the case was called, the parties offered opening statements in which they indicated that there was far less to this case than meets the eye. It was made obvious to the Administrative Law Judge (ALJ) from the parties’ statements that there was a high likelihood of settlement being achieved between the parties if they were given an opportunity to discuss the situation between themselves. So the ALJ declared a recess and excused himself from the hearing room to allow the parties to freely discuss the case. When the ALJ re-convened the hearing, the parties announced that they had achieved a settlement agreement they wished to urge upon the Registrar. In addition to making the settlement a part of the record, the parties wished other statements of their respective positions to be of record. These statements were accepted as the parties’ opening statements. The Respondent wished to state that he has not violated any of the provisions of the contractors’ laws, including those appearing in the instant Citation and Complaint, and especially has not been fraudulent in his dealings with the Complainants. His position is that the water quality in the Complainants’ well is due to the iron content in the ground, a condition over which he has no control. The Complainants also stated their opinion that they have not been defrauded in any way by the Respondent, and that they believe his dealings with them as a contractor have been proper in all respects. They state that Respondent has done much to improve the water quality, and has improved the water quality by 95% - 98% above what it had been. They simply wish Respondent would make any additional reasonable efforts to make the water quality the best it can be. Respondent obliged himself to do that much. Both parties stressed their strong mutual desire that the charges against Respondent’s license in the Citation and Complaint be dismissed. Both parties strenuously and adamantly stated that they do not believe that the Respondent has violated the contractors’ laws as cited. The parties agreed as follows: 1. By the contract between the parties there is no guarantee of water quality; 2. The dissatisfaction of the Complainants in this matter is solely one of water quality, and that, in the parties’ shared opinion, is not properly before the Registrar; 3. The parties agree to continue to cooperate with each other, and Respondent agrees to make any final reasonable efforts he can to achieve the last degree of improvement to the water quality that can be achieved; 4. The parties stipulate that Respondent has not violated any law or rule adopted by the Registrar in his dealings with the Complainants, including but not limited to those in the instant Citation and Complaint (A.R.S. §32-1154.A. 7., 23., and 3., namely A.A.C. R4-9-108); 5. The parties agree that the charges against Respondent’s license should be dismissed, and any future compliance hearing limited to the obligation undertaken here by the Respondent to make final reasonable efforts to achieve maximum water quality. The settlement agreement was knowingly and voluntarily entered into by the parties, and its terms are a fair and just resolution of this controversy.

RECOMMENDED ORDER

Wherefore, it is hereby recommended that the Registrar approve and accept the parties’ settlement agreement, and dismiss the charges set out in Citation and Complaint No. S99-0106.

_________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of March, 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