ALJDEC

01F-R012021-BFS · Department of Building and Fire Safety · 2002-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 5, 2002. APPEARANCES: COMPLAINANT: James Leet. RESPONDENT: did not appear.

ADMINISTRATIVE LAW JUDGE: Anthony Halas. _____________________________________________________________________ At issue herein is whether Complainant James Leet is entitled to receive payment from the Consumer Recovery Fund, and, if so, in what amount. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Order:

FINDINGS OF FACT 1. Respondent Jentra Limited Company, dba Valley Manufactured Housing (Jentra) is the holder of License No. 6978 Class D-12, issued by the Arizona Department of Building and Fire Safety (the Department). Robert Miller (Miller) is qualifying party for the license. 2. On August 17, 2000, the Department issued a Notice of Hearing setting this matter for hearing on February 5, 2002, at 1:30 p.m. at the Office of Administrative Hearings in Phoenix, Arizona. The Department sent a copy of the Notice of Hearing to Miller by certified mail.

3. The Notice of Hearing advises the parties to this case as follows: The Complainant seeks payment in the amount of $2,000.00 from the Consumer Recovery Fund under Arizona Revised Statutes, Sections 41-2190.A. and .B. Pursuant to Arizona Revised Statutes, Section 41-2190.D. the hearing may result in a decision granting a claim from the Consumer Recovery Fund and suspending the Respondent’s license.

4. No one appeared for Jentra at hearing, nor did anyone for Jentra advise the Office of Administrative Hearings of any reason that would establish cause for its failure to appear. The Administrative Law Judge delayed the start of the hearing for approximately fifteen (15) minutes so as to allow added time for Jentra to appear, and then convened the hearing and proceeded in Jentra’s absence. On the record made, the following findings are relevant to Complainant Leet’s claim, and based on a preponderance of the evidence: A. On January 23, 2001, Complainant James Leet (Leet) tendered his check no. 1008 to Robert ‘Skip’ Miller in the amount of $2,000.00, made payable to “Jentra Limited Co.” as a deposit for the order of a Cavco 3 bedroom 2 bath, 32’ x 52’ manufactured home. B. The check was endorsed and deposited that same day, January 23, 2001, and deducted from Leet’s bank account, but Jentra never ordered the manufactured home. Since then, Jentra, through Miller, has refused to refund any portion of the deposit to Leet, despite his many requests for same. C. On November 19, 2001, Leet filed a claim against Jentra with the Department seeking payment from the Consumer Recovery Fund of the $2,000.00 that Jentra had not refunded. D. On November 21, 2001, the Department’s Investigator/Auditor Donna Grant verified Leet’s claim for correction by the dealer Jentra. // // // //

CONCLUSIONS OF LAW 1. A.R.S. § 41-2190(B) states: “If any consumer of manufactured homes, mobile homes or factory-built buildings designed for use as residential buildings is damaged by the failure of the principal to perform a sales agreement or to perform repairs under a warranty, the consumer may file a claim with the office for payment from the consumer recovery fund. The claim shall be verified by the office.” 2. James Leet is a “consumer” as that term is used in A.R.S. § 41- 2190(B). See A.R.S. § 41-2142(7). 3. A.R.S. § 41-2190(D) states: “The board [of manufactured housing] shall pay from the consumer recovery fund whatever sum the administrative law judge finds payable upon the claim. A decision granting a claim shall include an order suspending the license of the licensee upon whose account the claim was filed. Such a license shall remain on suspension until the licensee has repaid in full, plus interest at the rate of ten per cent per year, the amount paid from the consumer recovery fund on the licensee's account.” 4. The evidence of record established that Jentra failed to perform after receiving Leet’s deposit, and that the Department verified Leet’s claim against Jentra arising from that failure to perform in the amount of $2,000.00. 5. Their evidence of record supports a payment to Leet from the Fund in the amount of $2,000.00. 6. By operation of law (A.R.S. § 41-2190(D)), Jentra’s Class D-12 license must be suspended until such time that Jentra has repaid in full the amount paid to Leet from the Consumer Recovery Fund, plus interest at ten percent per year.

ORDER In view of the foregoing, IT IS ORDERED that on the effective date of the Order entered in this matter, the Department’s Board of Manufactured Housing shall pay to James Leet the amount of $2,000.00 from the Consumer Recovery Fund. // IT IS FURTHER ORDERED that on the effective date of the Order entered in this matter, Jentra’s Class D-12 license shall be suspended until Jentra has repaid in full the $2,000.00 paid to Leet from the Consumer Recovery Fund, plus interest at ten percent per year. Done this day, February 6, 2002.

______________________________________ Anthony Halas 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