ALJDEC

01F-R001025-BFS · Department of Building and Fire Safety · 2001-06-07

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 6, 2001.

APPEARANCES: Complainant, Jeffrey Bernier, appeared in his own behalf. Respondent, Crossroads Mobile Homes, Inc., appeared through its President, Thomas A. Cady.

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. 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 presented to the tribunal in the form of a written exhibit and were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent agreed to pay or tender, and Complainant agreed to accept, a specified total monetary amount, no later than a stated deadline date, in full satisfaction of the presently pending claim before the Department of Building and Fire Safety filed by Complainant seeking an award from the Consumer Recovery Fund (herein called the “Fund”). Complainant also agreed to withdraw its claim as filed with the Fund and to consent to the entry of an Order closing the within administrative action without prejudice to the reopening of same or the filing of a timely petition for rehearing or a new claim in the event of any breach by Respondent of the payment terms of the parties’ agreement.

3. 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, as well as of the entire administrative action seeking a monetary award from the Fund that, if paid, would otherwise have been chargeable against the account of Respondent and individuals listed on its license.

RECOMMENDED ORDER

In view of the foregoing, and in light of the voluntary withdrawal by Complainant of the pending claim seeking an award from the Consumer Recovery Fund, it is recommended that this entire administrative action be terminated without prejudice to the re-filing such claim if the payment terms of the parties’ settlement agreement are not fully and timely complied with by or on behalf of Respondent.

Dated: June 8, 2001. 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 -----------------------

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