ALJDEC

99F-C989227-BFS · Department of Building and Fire Safety · 1999-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 5, 1999; 9:10 A.M.; Phoenix, Arizona by telephone APPEARANCES: Complainant: Michael L. Acosta Ivanho Manufactured Homes, Inc.: Robert R. Jones, Service Manager ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr. _____________________________________________________________________

This matter was scheduled for hearing on April 5, 1999. Prior to the hearing, the parties conferred and mutually resolved the contested issues. An agreed settlement involving both respondents was reached. On March 29, 1999, the Arizona Department of Building and Fire Safety (“Department”) requested to dismiss its Citation and Complaint against Respondent Redman Homes, Inc. (“Redman”) as the Department had received a verified complaint and sign off form executed by Complainant Mr. Michael L. Acosta regarding Redman. Likewise, Mr. Acosta and Respondent Ivanho Manufactured Homes, Inc. (“Ivanho”) had reached an agreement, but Mr. Acosta wished to formalize the terms of the agreement. Accordingly, on April 5, 1999, the Administrative Law Judge held a telephonic hearing with Mr. Acosta and Mr. Robert R. Jones, Service Manager of Ivanho. Based upon the evidence presented, Administrative Law Judge George A. Schade, Jr. submits this Recommended Decision and Order to the Director (“Director”) of the Department. The terms of Mr. Acosta and Ivanho’s agreement are: 1. Ivanho will replace all the carpet with new carpet, using the existing pad, in Mr. Acosta’s home, namely, Master Bedroom, two other bedrooms, living room, dining room, hall, and three closets. 2. Ivanho will install Redman’s 3rd Upgrade (the same grade originally installed in Mr. Acosta’s home) carpet (offered by the Philadelphia Carpet Company), Desert Buff color. 3. The new carpet should be completely installed on or before April 15, 1999. Ivanho has ordered the carpet, which is awaiting transport from Redman’s plant in Chandler, Arizona, to Safford, Arizona. Installation is anticipated next week. 4. Ivanho will notify the Department, and Mr. Acosta will notify the Office of Administrative Hearings, when the installation work is completed. RECOMMENDED ORDER It is recommended that the Director: 1. Dismiss Citation and Complaint No. 98-9/227 against Redman. 2. Accept and approve the agreed settlement of Mr. Acosta and Ivanho and dismiss Citation and Complaint No. 98-9/227 against Ivanho. SUBMITTED this 5th day of April, 1999.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on April 5, 1999, for distribution to the parties, to:

N. Eric Borg Director Arizona Department of Building and Fire Safety East Virginia, Suite 100 Phoenix, Arizona 85004

George A. Schade, Jr. -----------------------

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