ALJDEC

99F-C989144-BFS · Department of Building and Fire Safety · 1999-02-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|DONALD H. AND EILEEN LUPKES, |§|CASE NO.: 98-9/144 | | |§| | |Complainants, |§|DOCKET NO.: 99f-C989144-BFS | | |§| | |-v- |§| | | |§|RECOMMENDED | |CLAYTON HOMES, LOT #281, |§|DECISION AND ORDER | |License No.6849, Class D-12, |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: January 27, 1999, at 8:30 a.m. APPEARANCES: The Complainants appeared through Donald Lupkes. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 27, 1999, pursuant to notice duly sent to both parties. The Complainants appeared through Donald Lupkes and the Respondent failed to appear. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class D-12 (No. 6849) License issued by the Department of Building and Fire Safety.

2. The Complainants purchased a manufactured residence which was installed during February, 1998. 3. Shortly after moving into the manufactured residence, the Complainants began noticing several areas of unsatisfactory workmanship.

4. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants then filed a formal complaint, against the Respondent, with the Arizona Department of Building and Fire Safety, Office of Manufactured Housing.

5. Pursuant to the filing of the formal complaint, an assigned agency inspector conducted an on-site inspection and verified portions of the formal complaint.

6. Credible evidence, presented at hearing, established that the Respondent has failed to comply with the terms and conditions of the verified complaint.

7. The following items of the Verified Complaint were shown to fail to comply with applicable minimum industry standards and to require proper corrective action by the Respondent:

h. Item 7 of the verified complaint was assigned to the Respondent. Credible evidence established that the dented doorknob has not been corrected. The Respondent shall properly replace the dented doorknob.

i. Item 29 of the verified complaint was assigned to the Respondent. Credible evidence established that the twist rods have not been supplied, and installed, on the Complainants’ mini- blinds. The Respondent shall supply and properly install the missing twist rods for the mini-blinds.

10. The remaining items of the verified complaint that were assigned to the Respondent were shown to have been corrected to within minimum applicable tolerances.

11. The Complainants were also dissatisfied with the work performed on items 35 and 40 of their complaint. Item 35 was assigned to the Manufacturer, rather than the Respondent, Clayton Homes, to correct and item 40 is not set forth in the verified complaint. The Respondent is not found to be responsible for items that were assigned to the manufacturer for proper correction.

CONCLUSIONS OF LAW

1. A.R.S. §41-2186(7) subjects a licensee’s License to sanction for a departure from or disregard of any code or any rule adopted by the board.

2. A.R.S. § 41-2186(12) subjects a licensee’s License to sanction for a failure to respond relative to a verified complaint after notice of such complaint.

3. A.R.S. §41-2186(20) subjects a licensee’s License to sanction if the licensee fails to manufacture or install, in a workmanlike manner, all subassemblies, units and accessory structures which are suitable for their intended purpose.

4. The credible evidence of record established violations, by the Respondent, of the provisions of A.R.S. §41-2186(20).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class D-12 License (No.6849) be suspended for a period of 15 days commencing on March 15, 1999. It is further recommended that if the Respondent properly accomplishes the proper correction of the items set forth above in Finding of Fact Nos. 7(a) through 7(b), inclusive, then the above provided License suspension shall not take place and that Citation No.98-9/144 shall be closed.

Dated this 16th day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of February, 1999 to:

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

Transmitted by:

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