ALJDEC

99F-C989221-BFS · Department of Building and Fire Safety · 1999-03-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 18, 1999

APPEARANCES: Complainant David Hall appeared on his own behalf; Respondent Sun Venture, Inc. was represented by its Qualifying Party, Patricia Wakefield.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

This case concerns corrective “tape and texturing cracking” work needed in Complainant’s mobile home that he bought from Respondent Sun Venture, Inc. The parties were present for the hearing and, based upon the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order. FINDINGS OF FACT 1. Only one complaint item, Item 7a of the Verified Complaint, is at issue in this complaint against Respondent, who was the dealer in the transaction. Before going on the record, this Administrative Law Judge and the parties discussed possible settlement without a hearing. The parties reached an agreeable solution to this complaint. 2. Respondent agreed to go to the home with her contractor and make the repairs on Saturday, March 27, 1999. 3. Complainant agreed to be present at the home on March 27, and to sign off on the verified complaint if the corrections were satisfactorily made. 4. The agreement was not put in writing, but was agreed to by both parties on the record. It appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party. 5. The agreement is incorporated into this Recommended Decision by reference. CONCLUSIONS OF LAW 1. The law favors settlement of disputes. Litigants should be free to resolve their differences by entering into agreements or stipulations of settlement that should be recognized and given effect by tribunals. 2. The settlement as set forth in the agreement of the parties has been reasonably and voluntarily made, and warrants closing the complaint. 3. If any petition for rehearing of this matter is granted, or if a new complaint concerning the issues in this matter is filed, the sole issue for determination will be whether the parties have performed their respective obligations under the terms of the settlement agreement. RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that the Citation and Complaint against Sun Ventures, Inc., Case No. 98-9/221, be closed.

Done this 19th day of March 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of March 1999, to:

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

Copies mailed this ___ day of March 1999, to:

David Hall 5301 S. 330th Ave. Tonopah, Arizona 85354

Patricia Wakefield, Qualifying Party Sun Venture, Inc. 3450 E. Main St. Mesa, Arizona 85213

By ___________________________

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