ALJDEC

01F-C012133-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 : Jeremy Kosier and Nicole Kosier, husband and wife, appeared pro se. Respondent : Sun Burst Homes, L.L.C., was represented by Terry Stines, Owner and Managing Member. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. The hearing convened as scheduled on February 6, 2002 at 1:30 P.M. at the Office of Administrative Hearings in Phoenix, Arizona. During the hearing, the parties manifested movement in the direction of a resolution of the issues that had resulted in Appellants 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 and a copy of which is attached hereto as Exhibit A. 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 agreed as to pay the sum of $2,000. to Appellants Kosier. A cashier’s check for the agreed upon sum was tendered by Respondent at the hearing. 3. Appellants, in turn, agree to withdraw their complaint in the matter denominated 01F-C012133-BFS. 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. 5. Both parties acknowledge that they enter into this stipulation and agreement voluntarily and upon a presumption of good faith. 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 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, that Case No. 01-2/133, together with the Complaint upon which it is based, be dismissed, and that Respondent’s license be restored to active status.

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 ___________________________

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