Vacate: Settlement Recommendation

07F-L067018-BFS · Department of Fire Building and Life Safety · 2007-03-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2007, at 1:30 p.m. APPEARANCES: The Petitioner appeared on her own behalf. The Respondents appeared through their attorney, Thomas E. Koniuszy. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Order are made:

FINDINGS OF FACT 1. During the scheduled hearing, the parties manifested movement in the direction of a resolution of the matter at issue. Therefore, the parties were afforded the opportunity to craft a Settlement Agreement, the essential terms of which were stated for the record. 2. For purposes of determining this matter the obligations of the parties to the Settlement Agreement, if approved by the Department of Fire, Building and Life Safety are binding on each other. 3. Pursuant to the terms of the Settlement Agreement, the Respondent agreed to perform the following by March 31, 2007: (1) Provide a separate disclosure statement. (2) Post utility rates. (3) Send letter to UPS asking that UPS deliver directly to the residence of the resort. (4) Write letter to U.S. Postal Service requesting the Service to replace the mail boxes that the Service has removed. (5) Amend existing statement of policy to include provision that rent will be on a month to month basis unless otherwise provided in the written rental agreement. (6) Replace a split rain fence. (7) Not to trim trees on the Petitioner’s lot. (8) Reimburse the Petitioner for her filing fee in the sum of $50.00. The Petitioner agreed to withdraw the petition at issue and agreed to the closing of the instant Complaint. 4. The parties acknowledged that they understood the terms of their Settlement Agreement and have entered into the Settlement Agreement voluntarily and in good faith. 5. This tribunal finds the terms of the Settlement Agreement are reasonable under the circumstances and was the product of knowing and voluntary action on the part of each party thereto. 6. In light of having entered into the Settlement Agreement, the Petitioner and the Respondents agreed to vacate the hearing in this matter.

CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. Termination of the instant hearing is mandated by the parties having entered into the Settlement Agreement, as well as having agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4).

ORDER Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Department of Fire, Building and Life Safety for further disposition. Done this day, March 16, 2007,

______________________________________ M. Douglas Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

Robert Barger, Director Department of Fire Building and Life Safety ATTN: Joyce Kesterman 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

By _______________________________

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Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488