ALJDEC

99F-T0760-ROC · Registrar of Contractors · 1999-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HAMSTRA HEATING AND COOLING, |§| | |INC., |§|CASE NO.: T99-0759 | | |§|T99-0760 | |Complainant, |§| | | |§|DOCKET NO.: 99F-T0759-ROC | |-v- |§|99F-T0760-ROC | | |§| | |License No. 111916, Class B-02 of|§| | |CHARTER CONSTRUCTION CO. INC. |§|RECOMMENDED | |(CORP), |§|DECISION AND ORDER | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: August 18, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared through its vice-president, Jeffrey Hamstra. The Respondent appeared through its president, Steve Macholtz. ADMINISTRATIVE LAW JUDGE: M. Douglas

These matters came on for consolidated hearing on August 18, 1999. The Complainant appeared through its vice-president, Jeffrey Hamstra, and the Respondent appeared through its president, Steve Macholtz. 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-02 License issued by the Registrar of Contractors.

2. During a recess at the scheduled consolidated hearing, the parties completed a settlement agreement, the essential terms of which were stated for the record.

3. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to pay the sum of $1,000.00 per month to the Complainant for twenty consecutive months beginning in August, 1999, for a total payment of $20,000.00. The Complainant agreed to withdraw its complaints and to the dismissal of the instant citations.

4. 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 issue for determination shall be whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement.

5. 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 consolidated hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation Nos. T99- 0759 and T99-0760 be dismissed. . . . . . . . . . Dated this 23rd 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:

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