ALJDEC

99F-C989131-BFS · Department of Building and Fire Safety · 1999-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On February 9, 1999, a hearing was scheduled to determine if the Respondent had violated provisions of A.R.S. §41-2186. Jody Hanson appeared on behalf of the Complainant. Gloria Roe appeared on behalf of Mountainview Homes, Inc. (the “Respondent”). Prior to the commencement of the hearing, the parties settled this matter as set forth below.

FINDINGS OF FACT

1. On or about October 16, 1998, a Verification Inspection was conducted at the Complainant’s home. Inspector Dennis Butzen found that the Respondent was responsible for five of the six items listed in the Verified Complainant & Sign-Off Form (the “Verified Complaint”).

2. The Complainant testified that the Respondent has corrected Items 2, 5 & 6 of the Verified Complainant. The Complainant testified that the Respondent has failed to correct Items 1 & 4 of the Verified Complaint. The Complainant testified that Cavco Industries has already corrected Item of the Verified Complaint.

3. Regarding Item 1, the Complainant testified that the Respondent agreed to pay him $600.00 to resolve this dispute concerning the home’s carpeting. However, the

Complainant testified that he only received a $500.00 check. The Respondent has agreed to pay the Complainant $600.00 by February 15, 1999. Assuming that the original $500.00 check is still valid, then the Respondent need only pay $100.00 by February 15, 1999.

4. Regarding Item 4, the parties have agreed that the Respondent shall send Johnny Lee of Johnny Lee Mobile Home Services to the Complainant’s home to completely re-level the home. The Respondent shall have the Complainant’s home re-leveled by February 15, 1999. If the re-leveling of the home does not correct the problems listed in Item 4 of the Verified Complaint, then the Complainant shall have the opportunity to request another disciplinary hearing regarding this Item.

CONCLUSIONS OF LAW

1. Public policy favors the settlement of disputes. Therefore, the undersigned Administrative Law Judge accepts the settlement agreement as set forth in Findings of Fact 3 & 4. The undersigned Administrative Law Judge further finds that this settlement agreement is both fair and reasonable under the circumstances.

2. The settlement agreement reached and submitted prior to the hearing in this matter warrants the termination of this hearing. However, the settlement agreement does not bar the Complainant from requesting a Compliance Hearing if the Respondent fails to timely and properly perform pursuant to the terms of the settlement agreement.

RECOMMENDED DECISION

In view of the foregoing, it is recommended that the Director of the Department of Building and Fire Safety accept and approve the aforementioned settlement agreement between the parties. Done this day, February 9, 1999.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

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

By ___________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826