Vacate: Settlement Recommendation

12F-R1212003-BFS · Department of Fire Building and Life Safety · 2012-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-captioned matter came on for an evidentiary hearing before the Office of Administrative Hearings, an independent agency, on June 13, 2012, at 8:00 a.m. Kenneth M. Baker (“Complainant”) appeared personally. Oasis Home Center, L.L.C. (“Respondent”) appeared through its authorized representative, Paul Matthews. The issue to be addressed at the hearing is Complainant’s claim for payment in the amount of $35,357.66 from the Consumer Recovery Fund administered by the Arizona Department of Fire, Building, and Life Safety (“Department”), pursuant to A.R.S. § 41-2190(A) and (B). At the commencement of the hearing, the parties announced that they had reached a settlement agreement in this matter, the essential terms of which were read into the record. The parties agreed to the following: 1. Respondent paid Complainant’s two outstanding bills incurred in this matter, one in the amount of $255.00 and another for $250.00, by check at the hearing. 2. Complainant obtained an oral estimate for the remaining repairs to his residence not to exceed $2,000.00. Respondent agreed to pay Complainant for those remaining repairs, not to exceed 20 percent over the oral estimate, within 72 hours of being furnished a final invoice for such work by Complainant. Complainant agreed to this condition. 3. Respondent paid Complainant the sum of $10,232.00 at the hearing for Complainant’s out-of-pocket expenses incurred by Complainant. 4. Respondent agreed to pay Country Place Mortgage the sum of $9,971.88, no later than June 15, 2012, for work that has been performed on Complainant’s property. 5. In consideration of the above conditions, Complainant agreed to withdrawn his claim for a payout from the Consumer Recovery Fund.

In view of the foregoing, IT IS ORDERED that the hearing in this matter be vacated from the calendar of the Office of Administrative Hearings, and that the matter be remanded to the Department for any further action. Done this day, June 13, 2012.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2012 to:

Gene Palma, Director Department of Fire Building and Life Safety ATTN: Beth Soliere 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

Kenneth M. Baker P.O. Box 2231 Bouse, AZ 85325

Paul Matthews Oasis Home Center LLC 422 East Mead Dr. Chandler, AZ 85249

By _______________________________ -----------------------

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