ALJDEC

99F-UF0183-ROC · Registrar of Contractors · 1999-03-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above matter came on for hearing on March 24, 1999. The Defendant appeared in his own behalf and the Registrar of Contractors was represented by Assistant Attorney General, Patti Shelton, Esq.

FINDINGS OF FACT

1. Shortly after the formal opening of the scheduled hearing, and following a lengthy conference between the parties, with the Administrative Law Judge remaining present, the parties concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Defendant agreed to pay or tender to the Registrar the entire $500.00 amount of the civil penalty assessed for unlawful advertising, payable in specified installments no later than stated deadline dates, as follows: $200.00 on or before May 1, 1999; $200.00 on or before July 1, 1999; and $100.00 on or before August 1, 1999.

3. It was further mutually agreed that if Defendant elects to apply for and is issued a contracting license prior to July, 1, 1999, then only $100.00 of the specified $200.00 periodic payment due on July 1, 1999 shall be required to be made, with the remaining $100.00 plus the entire August 1, 1999 payment of $100.00 to be canceled. If an applied-for license is issued to Defendant after July 1, 1999 but prior to August 1, 1999, then only the final installment payment of $100.00 due August 1, 1999 shall be canceled.

4. Defendant additionally agreed not to authorize any advertising that does not accurately and expressly reflect his unlicensed status unless or until he has obtained a contractor’s license, and if he elects not to seek licensure and he is unable to cancel prior or existing advertising commitments, Defendant agreed to prepare and to utilize new business cards which accurately reflect his unlicensed status.

5. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Registrar of Contractors for approval and adoption. Consequently, Respondent must be and hereby is advised that any future breach of the payment or other terms of the settlement agreement will not only constitute grounds for the re-opening of this civil citation action or the instituting of a new action but also shall warrant treatment as a circumstance in aggravation.

4. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the closing of this administrative action

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Registrar enter his Order approving and adopting the settlement agreement concluded at the hearing of this matter, and it is further recommended that this entire administrative action be closed.

Dated: April 1, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

ATTN: Joyce Armijo -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826