VACATE

01F-R012025-BFS · Department of Building and Fire Safety · 2002-02-20

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CARL F. EDWARDS | |Case No. REC 01-2/025 | |AND PATRICIA A. EDWARDS, | |Docket No. 01F-R012025-BFS | | | | | |Complainants, | | | | | | | |-v- | |ORDER VACATING SCHEDULED HEARING | | | |AND REMANDING MATTER WITH | |CREATIVE HOMES, INC., dba | |RECOMMENDATION TO DISMISS PENDING | |WELCOME HOME MANUFACTURED HOUSING, | |RECOVERY FUND CLAIM WITHOUT | |LICENSE NO. 7366, CLASS D-8, | |PREJUDICE | | | | | |Respondent. | | | | | | |

Shortly prior to the date set for the hearing in the above-entitled matter, the named Complainants filed written and signed confirmation that arrangements and agreements have been concluded with Respondent for the proper correction and/or completion of the home, thereby appropriately resolving all matters in issue between the parties, also expressly requesting that the scheduled hearing be vacated and canceled. This communication may properly be treated as a withdrawal of Complainant’s pending claim for an award from the Consumer Recovery Fund, warranting the termination of this administrative action.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS ORDERED that the hearing scheduled to convene on February 25, 2002 at 1:30 p.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Director of the Arizona Department of Building and Fire Safety with the recommendation that the within pending claim from the Recovery

Fund be dismissed and with the further recommendation that such dismissal be without prejudice to the rights of Complainants to file a timely petition for rehearing or to file a new complaint based on an asserted and proven breach by or attributable to Respondent of the terms of the concluded arrangements and agreements that were purportedly to have resolved the underlying issues.

Dated: February 20, 2002. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on _________________________

By: _____________________________ , To:

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

ATTN: Shawna Blank

Carl F. Edwards and Patricia A Edwards Post Office Box 735 Vernon, AZ 85490-0735

Steve Cullen, Qualifying Party Welcome Home Manufactured Housing 8610 East Apache Trail Mesa, AZ 85207

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