ALJDEC

99F-A989014-BFS · Department of Building and Fire Safety · 1999-07-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 15, 1999. APPEARANCES: COMPLAINANT: Arnold Canales, on his own behalf. RESPONDENT: Cavco Industries, Inc.; by Paul DeRoo, general manager and authorized representative. RESPONDENT: Mountainview Homes, Inc.; no appearance.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ 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. Prior to commencing the instant hearing, and following discussion between the Complainant, Arnold Canales, and Respondent Cavco Industries’ authorized representative, general manager Paul DeRoo, the parties concluded a settlement agreement on the issues set forth in the Notice of Hearing, the essential terms of which were read into the record.

2. Pursuant to the terms of the aforementioned settlement agreement, Respondent Cavco Industries agrees to provide the sum of $300.00 to Complainant on or before Monday, July 26, to fully resolve all issues arising from the NOT VERIFIED determination of Complaint Item No. 3 regarding the vinyl pieces used at the front cubicle leading to the entry door. 3. Complainant agrees to withdraw the filed complaint on the issue of the NOT VERIFIED determination of Complaint Item No. 5 regarding the water main shut-off. 4. The parties are on notice that all rights and defenses are merged into the settlement agreement and if any petition for rehearing of this matter is filed and granted, or if a new complaint is filed with the Department, the sole issues for determination shall be whether the parties have performed their respective obligations under the terms of the above- mentioned settlement agreement. 5. The terms of the above-mentioned settlement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of the parties.

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 of settlement which should be recognized and given effect. 2. The settlement reached and submitted, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. // // // // //

RECOMMENDED ORDER Based on the above, the Administrative Law Judge recommends that Case No. AAA 98-9/014 be dismissed. Done this day, July 15, 1999.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Department of Building & Fire Safety N. Eric Borg, Director E. Virginia, Suite 100 Phoenix, AZ 85004 ATTN: Michelle M. Castaneda

By ___________________________

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