ALJDEC includes attachment of Settlement agreement

99F-Y0122-ROC · Registrar of Contractors · 2000-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Thursday, March 30th, 2000; 1:30 p.m. APPEARANCES: The Complainant was represented by Mr. Rick L. Carter, attorney-at-law. The Respondent was represented by Mr. Joshua Meyer, attorney-at-law. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________

This matter was brought on for administrative hearing on Thursday, March 30th, 2000, at 1:30 p.m. Prior to the commencement of the hearing, the Administrative Law Judge was advised by the parties that they had been able to mutually resolve the contested issues associated with this complaint. Accordingly, an evidentiary hearing was not held, but the parties went on the record with the Administrative Law Judge presiding, in order to memorialize their settlement. Parties may resolve a contested case by agreed settlement. A.R.S. §41-1061.D., A.R.S. §41-1092.07.F.5. The parties had, prior to the call of the case, reduced their settlement to writing, and entitled the writing “Stipulation Re Disposition.” The settlement was offered to and accepted by the record as a joint exhibit of the parties. The settlement is hereby incorporated into and made a part of this Recommended Decision and Order by this reference. The only deviation from the terms of the settlement the parties urged upon the Registrar was to order the effective or operative date of the agreement, for purposes of its time frames, to be March 30th, 2000, the same date it was executed and the date of the administrative hearing. The parties were advised and agreed on the record that in the future should this matter be reopened for further hearing, such a hearing’s scope shall be limited to the rights and obligations appearing in the settlement agreement. The terms of the parties’ settlement appear to the Administrative Law Judge to be a fair and just resolution of this controversy.

RECOMMENDED ORDER

Wherefore, it is hereby recommended that the Registrar approve and accept the parties’ agreed settlement, and recognize its operative date to be March 30th, 2000, and accordingly close Citation and Complaint No. Y99- 0122. Done this day, April 13th, 2000.

________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of April, 2000, to:

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

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488