ALJDEC

01F-A012007(1)-BFS · Department of Building and Fire Safety · 2001-12-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 4, 2001; at 8:30 a.m. APPEARANCES: The Complainant failed to appear. Respondents CMH Manufacturing, Inc., and Clayton Homes, appeared through their authorized representative, Michelle Thomas. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The Complainant failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein. CONCLUSIONS OF LAW 1. The Complainant, by the aforementioned default in appearance at the hearing for this matter, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence and, consequently, the credible evidence of record does not support any findings that the Respondent has violated the charged provisions of A.R.S. Section 41-2186.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by the Complainant, it is recommended that Docket Nos.01F-A012007(1-2)BFS (BFS Case No. AAA 01-2/007) together with the complaint upon which they are based, be closed.

Done this day, December 5, 2001

______________________________________ M. Douglas 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 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488