ALJDEC

00F-A990024-BFS · Department of Building and Fire Safety · 2000-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 2, 2000 at 8:30 a.m. APPEARANCES: The Appellants failed to appear. Respondent CAVCO INDUSTRIES L.L.C. d.b.a. CAVCO INDUSTRIES DURANGO DIVISION appeared through its authorized representative, Steven Reinert. Respondent CRG HOLDINGS, L.L.C. AAA HOMES, appeared through its authorized representative, Larry Miller. U.S. MOBILE HOME TRANSPORT, INC., appeared through its authorized representative, Sergio Pacheco. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for hearing on October 2, 2000 at 8:30 a.m. pursuant to notice duly mailed to all parties. The appellants failed to appear. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT Appellants did not present any evidence at the hearing in support of the allegations set forth in the appeal herein. CONCLUSIONS OF LAW Appellants, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the record does not support any finding that the assigned inspector was in error in making a “not verified” determination of complaint items nos. 1 and 2 nor was there any evidence presented to show that any of the Respondents have violated the provisions of applicable state statute. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Appellants, it is recommended that Case No. AAA 99-0/024, together with the Complaint upon which it is based, be dismissed. Done this day, October 6, 2000.

________________________________ M. Douglas Administrative Law Judge

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

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

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488