ALJDEC

00F-L990018-BFS · Department of Building and Fire Safety · 2000-06-07

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to due notice, this cause came on for a formal hearing on June 7, 2000, in Phoenix, Arizona, before Administrative Law Judge Neal H. Jordan, Office of Administrative Hearings.

APPEARANCES For Complainants: Mark A. Tucker, Esq., of Mesa, Arizona.

For Respondent: Michael A. Parham, Esq., of Phoenix, Arizona.

FINDINGS OF FACT Based upon all the evidence of record, the following findings of fact are determined: At the commencement of the hearing counsel for Complainants represented that he had been in communication with Mr. & Mrs. Matthews who stated that they would not be present for this hearing and desired the case be dismissed.

Accordingly, counsel for Complainants moved for a dismissal of this case. Counsel for Respondents joined in the motion for dismissal and requested it be granted with prejudice for the reason the issues have been joined and a hearing requiring attendance had already been conducted.

CONCLUSIONS OF LAW The Office of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to A.R.S. §41-1092 - 1092.12 (1998). The Complainant has brought this complaint and accordingly bears the burden of proving by a preponderance of the evidence that the allegations contained therein are true. Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (Ct. App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985), (the standard of proof is that of the “preponderance of evidence.”). Complainants, by their default in appearance at the hearing, failed to sustain the required burden of proving, by a preponderance of relevant, substantial and probative evidence, the truth of the allegations contained in the complaint.. RECOMMENDATION In view of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition and Complaint in this Case No. 00F- L990018_BFS be dismissed with prejudice.

ENTERED this day, June 7, 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 ___________________________

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