ALJDEC

99F-A989010-BFS · Department of Building and Fire Safety · 1999-07-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 13, 1999.

APPEARANCES: Appellant, Karen A. Livesay, appeared in her own behalf.

Respondent, Redman Homes, Inc. (herein called Redman”), appeared through its Service Manager and authorized employee, Scott Reser.

Respondent, Cedar Ridge Homes, Inc., (herein called “Cedar Ridge”) appeared through its President, Robert Dale, who also appeared on his own behalf as an individual doing business as R.C. Mobile Home Transport and Service (herein called “R.C. Mobile).

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Following discussions between the parties Immediately after the formal opening of the scheduled hearing, with the Administrative Law Judge remaining present, the parties concluded a settlement agreement, the essential terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ settlement agreement, Respondent, Redman, agreed to furnish a new, replacement bathtub identical to the tub presently installed in Appellant’s residence, no later than a stated deadline date. Respondents, Cedar Ridge and R.C. Mobil, agreed to properly remove and replace the existing bathtub with the newly furnished tub, properly installing a single lever faucet fixture to be provided by Appellant and also installing or re-installing Jacuzzi jets as presently on the tub. All Respondents further agreed that the contemplated replacement and installation work was to be completed no later than 60 days after the hearing. In addition to providing the single lever faucet fixture, Appellant agreed to provide reasonable and timely access to the premises and to withdraw her entire complaint and her subsequent appeal action filed with the Arizona Department of Building and Fire Safety, Office of Manufactured Housing (herein called the “Department”), also consenting to the entry of an Order closing this administrative matter without prejudice to the reopening of same or the filing of a new complaint in the event of any breach by Respondent of the terms of the agreement.

3. The administrative disciplinary proceedings hereunder are effectively cut short by the entry into the above-described settlement agreement which is to be presented to the Director of the Department for approval and adoption. Consequently,

Respondents must be and hereby are advised that any future breach of the terms of the settlement agreement will not only constitute grounds for the filing of a new complaint or complaints but also shall warrant treatment as a circumstance in aggravation.

4. All rights and defenses of the respective parties are deemed to have been merged into the settlement agreement, and if any timely petition for rehearing of this matter is to be filed and granted, or if any new complaint is filed in the future, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the aforesaid settlement agreement

5. The terms of the foregoing settlement agreement appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the closing of the entire administrative actions against each of the named Respondents.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the settlement agreement concluded by the parties be approved in its entirety and that Case No. AAA 98-9/ 010 be closed with respect to each of the named Respondent entities.

Dated: July 16, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

N. Eric Borg. Director Arizona Department of Building & Fire Safety East Virginia (Suite 100) Phoenix, AZ 85004

ATTN: Dawn Castle -----------------------

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