ALJDEC

01F-A012006(1)-BFS · Department of Building and Fire Safety · 2001-10-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 9, 2001; at 1:30 p.m. APPEARANCES: The Complainant failed to appear. Respondent, Redman Homes, Inc., License No. 5120 Class M-9E, appeared through its authorized representative, Scott Reser. Respondent Unique Housing Corp., License No. 7386, Class D-8, failed to appear. Respondent P&G Mobile Home Services, License No. 5841 Class I-10G failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ Based upon the record in this matter the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Credible evidence of record established that proper notice of the scheduled hearing had been mailed to the Appellant. 2. By failing to appear at the scheduled hearing, the Appellant failed to present any evidence in support of his appeal and failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence. CONCLUSIONS OF LAW 1. 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). 2. 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”). RECOMMENDED ORDER Based upon the foregoing Findings of Fact, and Conclusions of Law, it is RECOMMENDED that Case No. AAA 01-2/006 (Docket No. 01F-A012006-BFS), together with the complaint and appeal upon which it is based, be closed. Done this day, October 25, 2001.

________________________________ M. Douglas Administrative Law Judge

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

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

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

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