ALJDEC

00F-A990018-BFS · Department of Building and Fire Safety · 2000-03-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 22, 2000 APPEARANCES: Mary Ann Shonk did not appear at the hearing; Felix Castro appeared on behalf of Palm Harbor Homes, Inc.; Pat Fanello appeared on behalf of Indian Hill Mobil Home Sales, L.C. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT Appellant did not present any evidence at the hearing in support of the appeal of the determination by an inspector for the Department of Building and Fire Safety (“Department”) not to verify items 1a through 1h of the complaint Appellant filed with the Department. Appellant failed to present any evidence at the hearing that any of the Respondents are responsible for the repair of such items. CONCLUSIONS OF LAW Appellant, by the aforementioned default in appearance at the hearing, failed to sustain the requisite burden of proving that the determination by the Department’s inspector not to verify items 1a through 1h of the complaint should be reversed or that the Respondents should be held responsible for repairing such items. RECOMMENDED ORDER Based on the above and in light of the lack of prosecution by the Appellant, this appeal should be dismissed. Done this day, March 23, 2000.

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of March, 2000, to:

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Michelle M. Castaneda East 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