ALJDEC

01F-C012035-BFS · Department of Building and Fire Safety · 2002-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 24, 2002; at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Bobby Southern. 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 is the holder of License No. 6706, Class I-10G issued by the Department of Building and Fire Safety. 2. Following a discussion between the parties, at the conclusion of the instant hearing, the parties concluded a settlement agreement, the essential terms of which were stated for the record. 3. Pursuant to the terms of the aforementioned settlement agreement, Respondent agreed to personally inspect the Complainant’s residence on January 28, 2002 at 9:00 a.m. and to complete all necessary corrective action on the residence by February 25, 2002. The Complainant agreed to the dismissal of the filed complaint. 4. The parties were informed that all rights and defenses were merged into the settlement agreement and if any petition for rehearing of this matter were to be filed and granted, or if any new complaint is filed, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 5. The terms of the foregoing 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. 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that Citation No. 01- 2/035, together with the Complaint upon which it is based, be dismissed. Done this day, February 5, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of February, 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