ALJDEC

00F-A990023-BFS · Department of Building and Fire Safety · 2000-05-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 18, 2000. APPEARANCES: APPELLANTS: Did not appear. RESPONDENT: by Marc Harris, Assistant Attorney General; with Donna Grant, witness for the Department of Building and Fire Safety.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ Hearing was convened as duly scheduled to consider the appeal by Appellant Repo Express, Inc., and Timothy G. Zarbock, President and Q.P., of the denial by the Department of Building and Fire Safety of the company’s application for a dealer’s license. At the time and place scheduled, and for an additional 40 minutes, no one appeared for Appellants. The undersigned administrative law judge of the Office of Administrative Hearings makes the following Findings of Fact, Conclusions of Law, and Recommended Decision:

FINDING OF FACT At the time and place scheduled for hearing on the issue of the denial of Appellants’ application for a dealer’s license, with the hearing set at Appellants’ request, no one appeared on behalf of Appellants, nor was any explanation received for Appellants’ absence.

CONCLUSIONS OF LAW

1. In this administrative proceeding, Timothy G. Zarbock, as President and Qualifying Party for the prospective dealer’s licensee, Repo Express, Inc., bears the burden of proof and must establish by a preponderance of the evidence that the license denial was improper or contrary to law. See Arizona Revised Statutes (A.R.S.) § 41-1065; Arizona Administrative Code (A.A.C.) R2-19-119; see also Culpepper v. State, 187 Ariz. 431, 438, 930 P.2d 508, 515 (App. 1996). 2. By failing to appear and present any probative evidence, Appellants have failed to sustain their burden of demonstrating that the denial of the dealer’s license by the Department of Building and Fire Safety was improper or contrary to law.

RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that the appeal in Case No. AAA 99-0/023 be dismissed and the dealer’s license denial be affirmed. Done this day, May 18, 2000.

______________________________________ Anthony Halas Administrative Law Judge

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

Department of Building and Fire Safety N. Eric Borg 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