ALJDEC

99F-C989212-BFS · Department of Building and Fire Safety · 1999-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JOSEPH (ED) CORDWELL, |§|CASE NO.: 98-9/212 | | |§| | | |§|DOCKET NO.: 99f-c989212-bfs | |Complainant, |§| | | |§| | |-v- |§| | | |§|RECOMMENDED | |APACHE TRAILER SALES, INC., |§|DECISION AND ORDER | |d.b.a. MISSION VIEW HOMES, |§| | |License No.4423, Class D-12, |§| | | |§| | | |§| | |Respondent. |§| |

HEARING: March 26, 1999, at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its qualifying party, Mark Brill. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 26, 1999. The Complainant appeared on his own behalf and the Respondent appeared through its qualifying party, Mark Brill. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class D-12 License issued by the Department of Building and Fire Safety.

2. This matter concerns a manufactured residence which the Complainant purchased from the Respondent.

3. The Complainant was dissatisfied with several items in the new residence and filed a formal complaint, against the Respondent, with the Department of Building and Fire Safety.

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

5. The Respondent failed to correct all of the verified items prior to the hearing of this matter.

6. During a recess of the scheduled hearing, the parties entered into a written settlement agreement.

7. Pursuant to the terms of the parties’ settlement agreement, the Respondent agreed to properly correct item 2 of the verified complaint within ten (10) days. The Complainant agreed to withdraw his complaint and to the dismissal of the instant citation.

8. The parties agreed that all rights and defenses were to be merged into their settlement agreement and that if any Petition for Rehearing of this matter was to be filed, and granted, or if any new complaint was filed, the sole issues for determination shall whether the parties have performed their respective obligations under the terms of the parties’ settlement agreement.

9. The Agreement was shown to be the product of knowing and voluntary action on the part of each party. . . . . . . . . . . . .

CONCLUSIONS OF LAW

1. Adverse parties should be free to adjust their differences by entry into settlement agreements which should be recognized and given effect by all tribunals.

2. The parties’ settlement agreement warrants the termination of the instant hearing.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. 98-9/212 be dismissed.

Dated this 9th day of April, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1999, to:

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

Transmitted by:

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