ALJDEC

99F-R989011-BFS · Department of Building and Fire Safety · 1999-04-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 26, 1999 APPEARANCES: Harry Smith, Complainant, appeared in his own behalf No one appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact On January 7, 1999, a hearing was held by the Office of Administrative Hearings on the Citation and Complaint against the Respondent in this case.

On January 12, 1999, a Recommended Order was submitted by the Administrative Law Judge to the Director of the Department of Building and Fire Safety (Department). On January 22, 1999, the Director of the Department issued an Order adopting the Recommended Order of the Administrative Law Judge. The Order as adopted provided that the Respondent’s Class D-12 License No. 7007, was to be suspended unless the Respondent paid the amount of $741.87 to the Complainant. On or about March 1, 1999, the Complainant submitted his claim to the consumer recovery fund (Fund) for the amount set forth in the Order. As of the instant hearing, no payment has been made to the Complainant pursuant to the Order. . . . . . . Conclusions of Law A.R.S. §41-2190 (A), dealer trust and escrow accounts, is not relevant to this case. A.R.S. §41-2190(B) provides in pertinent part that a consumer who is damaged by the failure of the principal to perform a sales agreement or repairs under warranty may file a claim with the Fund. The claim shall be verified by the Office of Manufactured Housing (Office). The Order based on the prior hearing shows that the Respondent was to pay $741.87 to the Complainant for violation of A.R.S. §41-2186(19) (failure to provide all goods and services). Recommended Order In view of the foregoing, it is recommended commencing on the effective date of the Order entered in this matter that the Consumer Recovery Fund commence and finalize payment to the Complainant in the amount of Seven-Hundred Forty One and 87/100’s ($741.87) Dollars; It is further recommended upon payment by the Consumer Recovery Fund to Complainant of the amount recommended for damages, that the Class D-12 license number 7007, be suspended until such time that the licensee has repaid in full, plus interest at ten percent per year, the amount paid by the Consumer Recovery Fund. Done this day, April 26, 1999.

______________________________________ ALLEN REED Administrative Law Judge

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

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

By ___________________________

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