ALJDEC

01F-C001186-BFS-RES2 · Department of Building and Fire Safety · 2002-03-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2002; at 1:30 p.m. APPEARANCES: The Complainants appeared through Peggy J. Chapman. The Respondent appeared through its authorized representative, Keith Douglas. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

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. Following a prolonged discussion between the parties, at the conclusion the instant hearing, the parties concluded a settlement agreement, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to properly correct all of the items set forth in the verified complainant. The Parties agreed that the Respondent is to perform corrective action on the Complainants’ residence on March 9, March 10; March 16, 17; March 23, 24; March 30; and April 1, 2002. All corrective work is to take place between 8:00 a.m. and 5:00 p.m. on each day. The Respondent further agreed to pay the Complainants the sum of $80.00, as reimbursement for the Complainants’ time in performing necessary repairs to their residence. The Parties agreed that the money was to be paid to the Complainants when all of the verified items had been corrected on or before April 1, 2002. The Complainants agreed to grant access to the Respondent on the agreed upon dates at the agreed upon times. Complainants further agreed to the closing of the filed complaint. 3. The Parties were informed and agreed that all rights and defenses were to be merged into the settlement agreement and if any petition for rehearing of this matter was to be filed and granted, or if any new complaint was filed, the only issues for determination shall be whether the Parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 4. The Parties agreed that the terms of the foregoing settlement were reasonable under all the circumstances and the agreement was shown to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. A general policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement 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 the instant complaint. RECOMMENDED ORDER In view of the foregoing, it is recommended that Case No. 00-1/186, together with the Complaint upon which it is based, be closed on April 2, 2002. Done this day, March 13, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 2002, to:

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

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

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