ALJDEC

01F-R012030-BFS · Department of Building and Fire Safety · 2002-05-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 13, 2002. APPEARANCES: Jon and Anneke Wagner, Complainants. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ After filing a Recovery Fund claim and presenting evidence and testimony at hearing, the Complainants have established their entitlement to the amount in their claim. Therefore, it shall be ordered that the Complainants be paid the amount of their claim from the fund and that the Respondent’s license be suspended until the full amount plus interest has been reimbursed to the fund. FINDINGS OF FACT 1. On March 11, 2002, Jon and Anneke Wagner filed a Recovery Fund claim with the Department of Building and Fire Safety Office of Manufactured Housing. The claim seeks payment of $15,395.53 for work left unfinished or incorrectly done by the Respondent. 2. Respondent’s license was suspended on a previous complaint by the Wagners. Respondent has failed or refused to perform corrective work ordered as a result of that complaint. 3. Complainants seek payment to cover the costs associated with completing the corrective work ordered in their previous complaint and offered good faith estimates to support the amount they have requested. 4. The estimates submitted by Complainants appear to be reasonable. CONCLUSIONS OF LAW 1. “If any consumer … is damaged … by a licensed dealer or broker of manufactured home … , that consumer may file a claim with the office for payment from the consumer recovery fund. The claim shall be verified by the office (Department of Building and Fire Safety).” A.R.S. § 41-2190(A). 2. “If any consumer … 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.” A.R.S. § 41- 2190(B). 3. “Upon verification of the claim for payment, the assistant director shall provide for a hearing pursuant to chapter 6, article 10 of this title.” A.R.S. § 41-2190(C). 4. The Arizona Office of Administrative Hearings is authorized to conduct hearings in contested matters arising out of state regulation pursuant to A.R.S. § 41-1092 et seq. 5. “The board (Board of Manufactured Housing, A.R.S. § 41-2142(4)) shall pay from the consumer recovery fund whatever sum the administrative law judge finds payable upon the claims. 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 his account.” A.R.S. § 41-2190(D). 6. “Recovery from the consumer recovery fund is limited to actual or compensatory damages, including costs but excluding interest or attorney fees.” A.R.S. § 41-2188(B). 7. In this case, the Complainants have established that they are entitled to payment in the amount of $15,395.53 from the Recovery Fund. ORDER Based upon the foregoing, the undersigned Administrative Law Judge hereby orders that the Complainants be issued a pay-out from the Recovery Fund in the amount of $15,395.53 and that the Respondent’s license be suspended until the full amount plus 10% interest per year has been reimbursed to the Fund. Done this day, May 24, 2002.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

Original transmitted by mail this ____ day of May, 2002, to:

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

By ___________________________ -----------------------

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