ALJDEC decisions subject to certification as final

03F-C023348-BFS · Department of Building and Fire Safety · 2003-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Friday, June 27th, 2003; 9:00 a.m. APPEARANCES: Complainants, Mr. Jeffrey and Ms. Jennifer Johnson, appeared and represented themselves. Respondent, A & J Home Sales, LLC, was represented by Ms. Ann Marie Rose, Qualifying Party. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________

This administrative hearing was held in the Office of Administrative Hearings, Tucson, Arizona. FINDINGS OF FACT 1. At the commencement of the hearing, the parties announced that they had achieved a mutually satisfactory settlement agreement which they wished to urge upon the Director of the Department of Building and Fire Safety as the final agency decision in this case. 2. Accordingly, an evidentiary hearing was not held, but the parties went on the record, with the Administrative Law Judge presiding, in order to affirm and memorialize their settlement agreement. 3. The parties agreed as follows: A. That Complainants shall make an appointment with Lou’s Transport to come on site and re-evaluate the set of the home; B. That if Lou’s Transport determines the set is bad, Respondent will see to the set being redone properly; C. That if Lou’s Transport determines that nothing is wrong with the set of the home, then Complainants will schedule for the manufacturer (Redman Homes) to come on site and inspect for what else could be causing the problem at the marriage line; D. That if the problem is not with the set, Respondent shall correct whatever is the problem at the marriage line, by appropriate means; E. That upon correction of the problem at the marriage line, Complainant shall inform Respondent of the specific variety of paint they wish to be used to repaint the problem area, and Complainant shall make an appointment through either JHG Development or Respondent for repainting, and Respondent or JHG Development shall be responsible for the repainting, and F. That Respondent shall be responsible for correcting the cracking and tape and texturing that has resulted because of the problem aforementioned. 4. The parties further agreed that if a compliance hearing becomes necessary, one may be requested and scheduled, and such hearing shall be limited to the issues of whether respondent has caused the corrective work to be properly accomplished. 5. The settlement agreement was shown to be a voluntary and knowing act on the part of both parties, and is a fair and just resolution of their differences. CONCLUSIONS OF LAW 1. The Office of Administrative Hearings has jurisdiction over the parties and subject matter. A.R.S. §§41-2183 and -1092. 2. Parties to a contested case may resolve their dispute by an agreed settlement. A.R.S. §41-1092.07.F.5. 3. The settlement reached and submitted warrants dismissal of this action. . . .

RECOMMENDED ORDER Wherefore, it is hereby recommended that the Director of the Department of Building and Fire Safety approve and accept the parties’ agreed settlement and dismiss Case No.: 02-3/348. Done this day, July 15th, 2003.

_________________________________ Grant Winston Administrative Law Judge

Original transmitted by mail this ____ day of July, 2003, to:

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Joyce Kesterman 1110 W. Washington, #100 Phoenix, AZ 85007

By _______________________________

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