ALJDEC

01F-C001204-BFS(1) · Department of Building and Fire Safety · 2001-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 10, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared on her own behalf. Fleetwood Homes of Arizona, Inc., (Hereinafter “Fleetwood”) appeared through its authorized representative, Barbara Holloway. Apache Trailer Sales, Inc., dba Mission View Homes (Hereinafter “Apache”) appeared through its authorized representative, Mark Brill. 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 are made: FINDINGS OF FACT 1. Respondent Fleetwood is the holder of a Class M9E License (No. 6184) issued by the Arizona Department of Building and Fire Safety. 2. Respondent Apache is the holder of a Class D-12 License (No. 4423) issued by the Arizona Department of Building and Fire Safety. 3. The Complainant purchased a residence manufactured by Fleetwood. Apache was the Dealer in the purchase transaction. The residence was installed on April 6, 2000. The Complainant was dissatisfied with various aspects of the new residence and filed a formal complaint against the Respondents. 4. Pursuant to the filing of the complaint, an assigned agency inspector conducted an onsite inspection and verified portions of the complaint. A Verified Complaint and Sign Off Form was then issued. 5. The matter proceeded to formal hearing. During a recess at the conclusion of the presentation of evidence, the parties entered into a written settlement agreement, a copy of which is attached hereto, and incorporated herein, as Exhibit “A”. 6. Pursuant to the terms of the parties’ settlement agreement, the Respondents agreed to perform designated corrective actions on the Complainant’s residence. The Complainant agreed to the dismissal of the instant citation. 7. The parties were informed that all rights and defenses were to be merged into their settlement agreement and that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the parties’ written settlement agreement. 8. The Agreement was shown to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals. 2. The parties’ settlement agreement warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that Citation No. 00- 1/204 be dismissed. Done this day, May 17, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of May, 2001, 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