ALJDEC

00F-C990198-BFS · Department of Building and Fire Safety · 2000-02-16

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice, a formal hearing was held in this case on February 16, 2000, in Phoenix, Arizona, before Neal H. Jordan, Administrative Law Judge of the Office of Administrative Hearings. APPEARANCES For Complainant: Default in appearance at hearing. For Respondent: Scott Roseburgh, Service Manager.

FINDINGS OF FACT Based upon all the evidence of record, the following findings of fact are determined: Complainant, by a failure to attend, did not present any evidence at the scheduled hearing to establish the truth of the allegations set forth in the complaint. Respondent was present and requested a dismissal of the Citation and Complaint. Further, Respondent’s witness, Scott Roseburgh, testified that all work set forth in the verified complaint has been fully and completely accomplished to the satisfaction of Complainant. Complainant has not informed this tribunal of any extenuating circumstances that would preclude attendance at the hearing.

CONCLUSIONS OF LAW Complainant, due to a default in appearance and attendance at the hearing, failed to sustain the required burden of proving the allegations set forth in the complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of the Arizona Revised Statutes as charged in the Citation and Complaint.

RECOMMENDATION In view of the foregoing, it is RECOMMENDED that the Citation and Complaint issued in the above captioned case be dismissed. ENTERED this day, February 16, 2000.

______________________________________ Neal H. Jordan 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 ___________________________ -----------------------

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