ALJDEC

01F-A001026-BFS · Department of Building and Fire Safety · 2001-06-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 4, 2001, at 9:00 a.m. APPEARANCES: COMPLAINANT: No one appeared. RESPONDENT: No one appeared.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________

FINDINGS OF FACT 1. On the basis of Complainant’s Notice of Appeal of a VERIFIED COMPLAINT & SIGN OFF FORM issued by the Arizona Department of Building and Fire Safety, hearing in this matter was scheduled to convene in Phoenix, Arizona, on June 4, 2001, at 9:00 a.m., as set by Notice of Hearing issued via certified mail on April 10, 2001, by the Assistant Director of the Department. 2. At the time and place scheduled for hearing, and for an additional one-half hour, no one appeared on behalf of either Complainant or Respondent.

CONCLUSIONS OF LAW The burden of proving that the Department’s determination to NOT VERIFY items raised by Complainant’s consumer complaint is improper or contrary to law is on the complaining party, and in this matter that party is Helen Plant. That burden is by a preponderance of the probative evidence. Because Complainant did not appear at hearing, either on her own behalf or through a representative, she has failed to present any evidence and her burden has not been met.

RECOMMENDED ORDER In view of the foregoing, it is recommended that the appeal in Case No. AAA 00-1/026 be dismissed. Done this day, June 4, 2001.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Building and Fire Safety N. Eric Borg ATTN: Shawna Blank 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