ALJDEC

99F-S0108-ROC · Registrar of Contractors · 1999-08-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|pALMIRA AVINA, |§|CASE NO.: S99-0108 | | |§| | | |§|DOCKET NO.: 99F-S0108-ROC | |Complainant, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 109902, Class B- of |§| | |Daniel Dean Oldfield d.b.a. |§| | |MILE HIGH ENTERPRISES, |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: August 6, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 6, 1999. The Complainant appeared on her own behalf 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 project where the Respondent installed a new roof on the Complainant’s residence.

3. The Complainant was dissatisfied with the Respondent’s workmanship and filed a formal complainant, 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 designated corrective work on the Complainant’s residence.

5. The parties were in sharp disagreement as to whether the Respondent had substantially complied with the terms and conditions of the written corrective work order.

6. Following a recess at the conclusion of the presentation of evidence the parties entered into an oral settlement agreement, the essential terms of which were stated for the record.

7. Pursuant to the terms of the parties’ settlement agreement, the Respondent gave the Complainant a credit of $745.00 for the items alleged in the complaint and the Complainant paid the Respondent the remaining $2,000.00 due under the parties’ written agreement for the installation of the new roof.

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 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. S99-0108 be closed.

Dated this 18th day of August, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of August, 1999, to:

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

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