ALJDEC

99F-C989322-BFS · Department of Building and Fire Safety · 1999-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 29, 1999 APPEARANCES: Mary Jayne Schilling, Complainant, in her own behalf No one appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact The Complainant purchased her manufactured home from the Respondent on or about June 26, 1998. The home was to be set up on the Complainant’s land in Chino Valley, Arizona, at the end of August, 1998. The home was transported to Chino Valley and initially kept at a mobile home dealership. It was to have been set up on the Complainant’s property by August 31, 1998. For reasons which do not require repetition in this Recommended Order but which are the responsibility of the Respondent, the home was not set up as scheduled and the Complainant had to alter plans to move furniture from Phoenix into the home. In approximately December, 1998, a complaint was filed with the Department of Building and Fire Safety-Office of Manufactured Housing (Office). . . . On February 25, 1999, Office Inspector Lon Clifton (Clifton) performed an inspection of the home and subsequently issued a Verified Complaint and Sign Off Form (Verified Complaint) . Numerous items had been corrected by either the manufacturer or the dealer prior to the Verified Complaint. The items attributed to the dealer which still remain to be corrected are the uneven marriage line between the living and dining rooms (Item 11), the seam lines which show the master bedroom ceiling (Item 22), and the sheetrock repair under the window in the same bedroom (Item 25). The Respondent failed to make the corrections as required by the Verified Complaint and a Citation and Complaint was issued by the Office on April 14, 1999. Conclusions a Law A.R.S. §41-2153(B)(9) requires the Assistant Director of the Office to verify written complaints filed within one year of the date of purchase or installation of the home. A.R.S. §41-2153(B)(10) provides that upon verification of a complaint, notice shall be served on a licensee to satisfy the complaint as specified by the Office. The Citation and Complaint alleges violation of A.R.S. §41-2186(19), failure to provide all goods and services, and (20), failure to install in a workmanlike manner. The Complainant’s evidence is not contested and establishes the charged violations. The Complainant’s testimony also showed that the Respondent’s delays in setting up the home and attending to the corrective work has and continues to create scheduling problems for the Complainant who presently lives in Phoenix and works six days a week. In view of this, the corrective work will need to be done on a Saturday. Recommended Order In view of the foregoing it is recommended commencing on the effective date of the Order entered in this matter that the Class D-8 license no. 6293, of the Respondent shall be suspended until such time as the Office receives written proof that the Respondent has accomplished appropriate and effective remedial work on the items remaining from the Verified Complaint as set forth in paragraph 7 of the Findings of Fact; It is further recommended that if the Respondent accomplishes the above described corrective work on or before the effective date of the Order entered in this matter, then the aforementioned suspension shall not take place and the Citation and Complaint upon which it is based shall be closed; It is further recommended that the Complainant is only required to provide reasonable access to the Respondent on Saturdays in order that the Respondent may perform the corrective work required by the Order entered in this matter. This does not preclude the Complainant providing access on other business days at her choosing. Done this day, June 29, 1999.

_______________________________ ALLEN REED Administrative Law Judge

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

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

By _______________________________

-----------------------

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