ALJDEC

01F-C001212-BFS · Department of Building and Fire Safety · 2001-05-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 9, 2001 APPEARANCES: Complainants appeared through Co-Complainant, Jennifer Gavin and Respondent appeared through its district service manager, Barbara Holloway. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT

1. Following a prolonged discussion between the parties, prior to commencing 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, Complainants acknowledged that all remedial work required under the Verified Complaint issued by the Department of Building and Fire Safety had been accomplished, albeit belatedly. Respondent agreed to issue a check to Complainants, in the amount of $575.00. In addition, Respondent agreed to issue a formal written letter to Complainants, indicating that all remedial work accomplished in response to the Verified Complaint issued in this matter shall be subject to a warranty period through May 8, 2002 and that said warranty is fully transferable to any subsequent owner of Complainants’ home. Respondent further indicated that the aforementioned check shall be issued on May 18, 2001 and the warranty letter shall be mailed from their office on or about May 15, 2001.

3. The parties agreed that all rights and defenses were to be merged into the settlement agreement and that any failure by the parties to comply with the terms of the settlement agreement could, if approved by the Department of Building Fire Safety, be the subject of a compliance hearing.

4. The terms of the forgoing settlement appeared to be 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 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. RECOMMENDATION

In view of the foregoing, it is recommended that Citation No. 00- 1/212, together with the Complaint upon which it is based, be dismissed.

Done this day, May 9, 2001

______________________________________ Mark A. Silver Administrative Law Judge

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

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

By ___________________________

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