ALJDEC

00F-C990195-BFS · Department of Building and Fire Safety · 2000-02-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 14, 2000.

APPEARANCES: The Complainant, Carleen Shreeve, appeared in her own behalf.

Respondent, Cavco Industries Durango Division, (herein called “Cavco”) was represented by its attorney, Karl Tilleman, Esq.

Respondent, Bronco Homes, Inc., (herein called “Bronco”) appeared through its President, Jerry Wilde.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Following a prolonged recess taken immediately after the formal opening of the scheduled hearing so as to enable the parties to discuss and to finalize a mutually agreed resolution of the matters constituting the subjects of the instant hearing, the parties confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent Cavco agreed to pay or tender, no later than a stated deadline date, and Complainant agreed to accept, a specified total monetary amount, in full satisfaction of the remaining cabinetry and putty issues contained in the complaint presently pending before the Arizona Department of Building and Fire Safety (herein called the “Department”). All other enumerated items of complaint verified and assigned to Cavco were admittedly rectified or were items that were not being pursued by Complainant or that were otherwise no longer in issue. Cavco also agreed to deliver a reasonable supply of certain identified materials to Complainant.

3. Respondent Bronco agreed to pay or tender, no later than a stated deadline date, and Complainant agreed to accept, a specified total monetary amount, in full satisfaction of the remaining carpeting issues contained in the complaint presently pending before the Department. Bronco additionally agreed to return to the jobsite and, by way of addressing the complaint item relating to cracks, to properly perform certain described leveling, repair and re-finishing work in and around the unit prior to another specified deadline date. All other enumerated items of complaint verified and assigned to Bronco were admittedly rectified or were items that were not being pursued by Complainant or that were otherwise no longer in issue.

4. The respective parties further agreed that, prior to the due dates for all contemplated payments, they would execute and exchange written general releases relating to the items for which a monetary consideration was being paid and accepted. Complainant also agreed to withdraw its complaint and to consent to the entry of an Order closing the within Citations without prejudice to the reopening of same or the filing of new complaints in the event of any breach by either Respondent of the payment terms of the agreement or, in the case of Bronco, a breach of the corrective work terms.

5. These administrative disciplinary proceedings are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Director of the Department for approval and adoption. Consequently, both Respondents must be and hereby are advised that any future breach of the payment or corrective work terms of the settlement agreement will not only constitute grounds for the filing of timely petitions for rehearing or new complaints but also, if proven, shall warrant treatment as a circumstance in aggravation.

6. All rights and defenses of the respective parties are deemed to have been merged into the parties’ settlement agreement, and if any timely petition for rehearing of either matter is to be filed and granted, or if any new complaints are filed in the future, the sole issues for determination shall be whether Respondents have performed their respective obligations under the terms of the aforesaid settlement agreement

7. 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 all charges contained in the Citations and Complaints.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citations and Complaints in Case Number 99-0/195 against the licenses of Cavco and Bronco be closed.

Dated: February 16, 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

N. Eric Borg, Director Department of Building and Fire Safety E. Virginia Suite 100 Phoenix, AZ 85004

ATTN: Michelle M. Castaneda -----------------------

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