ALJDEC

01F-R001027-BFS · Department of Building and Fire Safety · 2001-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 7, 2001, the record remained open until June 29, 2001, to allow the Complainant to submit evidence in support of his claim. APPEARANCES: Eleno Medina, Complainant, in his own behalf No one appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing on June 7, 2001, as set forth in the Notice of Hearing. The Respondent failed to appear and is no longer licensed by the agency. 2. Under the contract between the parties, a deck and awning were to be added to the manufactured home purchased by the Complainant, for an additional $1,100.00, which had been paid by the Complainant. 3. The deck was provided by the Respondent but not the awning. There was no competent evidence of the cost of the deck or the awning which would allow for a determination of the cost for the awning. 4. The Verified Complaint and Sign Off Form which issued in this case, required the Respondent to provide a 4’X4’ awning under the terms of the contract between the parties. 5. The Respondent failed to provided the awning and the Complainant filed a claim with the Consumer Recovery Fund (Fund). 6. The Department of Building and Fire Safety-Office of Manufactured Housing (Department), required the Complainant to provide three vendor estimates for the cost of the claimed item. 7. The Complainant did not provided or have any documentary evidence to support his claim for a recovery of $750.00 from the Fund. According to the Complainant, he submitted this amount because someone in the mobile home park had told him that this is about how much an awning would cost. 8. The Complainant was given until June 29, 2001, to submit competent evidence, such as estimates from reputable businesses, of the cost of an awning which was to have been provided by the Respondent. 9. The Complainant did not provide any evidence or other documentation to the Office of Administrative Hearings by the prescribed time. Conclusions of Law A.R.S. §41-2190 (A) provides in pertinent part that if a consumer is damaged by an act or omission of a licensed dealer or broker as part of a purchase or sale of a manufactured home which is a violation of A.R.S. §41- 2180, the consumer may file a claim with the Consumer Recovery Fund (Fund).

A.R.S. §41-2190(B) provides that a consumer who is damaged by the failure of the principal to perform a sales agreement or repairs under warranty may file a claim with the Fund. The claim shall be verified by the Office of Manufactured Housing (Office). A.R.S. §41-2190(D) provides that the Board of Manufactured Housing shall pay from the Fund the amount found payable upon the claim by the Administrative Law Judge. 1. The law requires some competent evidence of the amount of damages sustained by a person claiming a right of recovery from the Fund. Absent such evidence, no award from the Fund can be granted. 2. The Complainant has been given ample opportunity to provide evidence to support his claim and has not done so. The following Order is therefore the only appropriate Order.

Order In view of the foregoing it is ordered that the claim of Eleno Medina for damages from the Consumer Recovery Fund be Denied and that nothing be awarded by the Fund to the Complainant.

Done this day, July 2 , 2001

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, 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