ALJDEC

01F-A012017(1)-BFS · Department of Building and Fire Safety · 2002-02-06

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2002 APPEARANCES: Appellants : Gene Silvey and Joan Silvey, husband and wife, appeared pro se. Respondent : Redman Homes, Inc., aka Champion Homes, was represented by Cliff Blandin, Manufacturing Service Manager. Respondent : Robert Bass, Esq., represented Estrella Homes, Inc.; Steven Roberts, President, appeared for Estrella. [1] ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

FINDINGS OF FACT 1. The hearing convened as scheduled on February 6, 2002 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. At the outset of the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Complainants having filed their complaint. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Director of the Arizona Department of Building and Fire Safety, are binding on each other. 2. Pursuant to the parties’ stipulation and agreement, Respondent agrees as follows: (1) to install a standard bathtub in the home; (2) to exchange the current shutters for those identical to that which is attached to the model home, upon the homeowners’ approval thereof; (3) to install standard “sculptured” carpet, upon the homeowners’ approval thereof; (4) to pay to the Silveys the sum of $1,000.; (5) to complete the responsibilities stated in numbers (1) through (4) herein within thirty (30) days of the issuance of this Recommended Decision and Order. 3. Complainants, in turn, agree to withdraw their complaint in the matter denominated 01F-A012017(1) and (2). 4. The parties further stipulate that by this agreement they each have manifested determination to release one another from all claims and liabilities associated therewith. In the event of a dispute concerning the workmanship involved in the effectuation of the terms of the agreement, both parties agree to be bound by the Department of Building and Fire Safety’s verification of the claim or denial thereof. 5. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. They each further have agreed to cooperate with one another in the scheduling of times convenient for the installation of the items identified in their agreement. 6. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and, should hereafter any petitions for rehearing be filed and granted, or new complaints filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 7. The parties agree that Redman Homes, Inc., aka Champion Homes, appears as a nominal party to these proceedings and has not participated in the negotiations that have led to the execution of this agreement. 8. The terms of the foregoing stipulation and agreement appear reasonable under all of the circumstances and this agreement is hereby determined the product of knowing and voluntary action by each party.

CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal with jurisdiction over the issues and possesses statutory enforcement authority. 2. The settlement reached and crafted by the parties during the hearing of this matter and that has been submitted into the record at hearing is found to be reasonable and voluntarily made.

RECOMMENDATION IT IS RECOMMENDED that the stipulation and agreement entered into by the parties hereto be approved and that Case No. AAA 01-2/017, together with the Complaint upon which it is based, be dismissed.

Done this 6th day of February in the year 2002. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Building and Fire Safety N. Eric Borg, Director Att’n: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

----------------------- [1] Further present from the Department of Building and Fire Safety were Gary Grounds, Compliance Program Manager, and Dennis Butzen, Inspector.

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