ALJDEC

01F-C012186(1)-BFS · Department of Building and Fire Safety · 2002-03-06

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 5, 2002.

APPEARANCES: >Complainant, Jesus J. Villa, appeared in his own behalf. >Respondent, Arizona Manufactured Homes Sales, L.C.C., appeared through its authorized member, Craig Bennett. >Respondent, AZM, appeared by telephone through its owner and qualifying party, Robert W. Riddle.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Robert W. Riddle, the owner and qualifying party of Respondent, AZM, was allowed to participate in the proceedings by telephone.

2. Immediately prior to the formal opening of the scheduled hearing, the parties confirmed to the Administrative Law Judge that they had concluded a settlement agreement, the essential terms of which were read onto the record.

3. Pursuant to the provisions of the parties’ settlement agreement, Respondent, AZM, agreed to pay or tender, and Complainant agreed to accept, a total monetary amount of $2,000.00, no later than a stated deadline date, in full satisfaction of all complaints against AZM presently pending before the Department of Building and Fire Safety, Office of Manufactured Housing (herein called the “Department”), in this case as well as in a related administrative matter presently on appeal to the Superior Court. Complainant, and AZM, together with Complainant, further agreed to mutually cause the dismissal of the aforesaid appeal by signing any and all appropriate documents to be prepared by or on behalf of AZM. Complainant also agreed to withdraw its complaint and to consent to the entry of an Order closing the within Citation against AZM without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by such Respondent of the payment terms of the agreement.

As part of the overall settlement agreement, Respondent, Arizona Manufactured Homes Sales, L.L.C. (herein called “AMHS”) agreed to pay or tender, and Complainant agreed to accept in full satisfaction of all complaints against AMHS presently pending before the Department, a total monetary amount of $245.00, no later than a stated deadline date. AMHS further agreed to return to the Complainant’s home and to properly accomplish all necessary and required interior drywall repairs within a specified time period after receiving notice that certain contemplated work by others has been completed. Complainant also agreed grant Respondent, AMHS, reasonable and timely access into his home so as to enable the performance of the agreed corrective work, to withdraw its filed complaints and to consent to the entry of an Order closing the

within Citation against AMHS without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by such Respondent of the payment or corrective work terms of the agreement.

5. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Director of the Department for approval and adoption. Consequently, both named Respondents must be and hereby are advised that any future breach of the payment or work terms of the settlement agreement, as may be applicable to the respective Respondents, will not only constitute grounds for the filing of a new complaint but also shall warrant treatment as a circumstance in aggravation.

6. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issues for determination shall be whether the respective parties have performed their obligations under the terms of the aforesaid settlement agreement.

7. The concluding of the above-described settlement agreement was expressly intended to also fully resolve all matters that were the subjects of a related complaint, citation and disciplinary Order in a prior administrative action against the licenses of AZM and/or AMHS. Upon receipt of written notice that the pending appeal in a judicial review action involving such other matters has been dismissed, a closing of those administrative actions by the Department will be appropriate and fully warranted.

8. The terms of the foregoing settlement agreement appeared to be fair and 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 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 and the closing of the charges contained in the Citations and Complaints.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citations and Complaints against both Respondents in Case Number 01-2/186 be closed.

Dated: March 7, 2002. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

N. Eric Borg, Director Department of Building and Fire Safety East Virginia, Suite 100 Phoenix, AZ 85004

ATTN: Shawna Blank

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