ALJDEC

01F-C012169(2)-BFS · Department of Building and Fire Safety · 2002-03-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 7, 2002. APPEARANCES: Orlando Parker appeared on his own behalf. Douglas Cripe represented Fleetwood Homes of Arizona. P.W. Signor represented Fleetwood Retail Corporation of Arizona. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT 1. This matter was set for hearing on March 7, 2002. Immediately before the hearing, the parties entered into and successfully completed settlement negotiations between themselves. The terms of the agreement were entered on the record. Essentially, under the terms of the agreement, Respondent Fleetwood of Arizona agreed to repair all of the following verified items contained in the complaint: Item numbers 1, 2a, 2b, 3, 4a, 4b, 5, 9, 10, 11, 12, 13, 14, and 41a. In addition, Respondent Fleetwood of Arizona agreed to re-level the home. Respondent Fleetwood Home Center agreed to correct verified items numbers 6, 7, and 8. Both Respondents agreed that the following timeline would be observed: Respondent Fleetwood of Arizona would complete the re-leveling of the home before March 19, 2002. Beginning on March 19, 2002, Respondents would enter the home and complete all items in the verified complaint noted above. Respondents further agreed that all such corrective work would be completed no later than March 26, 2002. 2. 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. 3. The parties 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 sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement. 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. RECOMMENDED ORDER In view of the foregoing, it is recommended that the settlement agreement of the parties be adopted and that this matter be closed. Done this day, March 8, 2002.

______________________________________ Gregory L. Hanchett Administrative Law Judge Original transmitted by mail this ____ day of ____________, 2002, 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