ALJDEC

01F-C001278-BFS · Department of Building and Fire Safety · 2001-07-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 23, 2001

APPEARANCES: No one appeared on behalf of Complainant; Respondent was represented by Qualifying Party Gary Oakland.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled for 9:00 a.m. on July 23, 2001. As noted above, Complainant did not appear at the appointed time and place. Respondent’s Qualifying Party Gary Oakland was present and ready to defend. This tribunal waited until 9:20 a.m. to see if Complainant would appear, but he did not. Because Complainant failed to appear and prosecute his claim, the record contains no evidence supporting the complaint. The burden of proof at an administrative hearing is generally upon the person who brings the action. Utah Construction Company v. Berg et al, Ariz. 285, 205 P.2d 367 (1949); Arizona Administrative Code (A.A.C.), OAH Rule R2-19-119(B). Further, the standard of proof at hearing is by preponderance of the evidence. Smith v. Arizona Dept. of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985); A.A.C. R2-19-119(A). Therefore, Complainant bears the burden of showing, by a preponderance of the evidence, that Respondent has violated a provision of the governing statutes. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). . . .

Considering the foregoing, IT IS RECOMMENDED that complaint 00-1/278 against Oakland Homes of Phoenix, Inc. be dismissed.

Done this 24th day of July 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of July 2001, to:

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

By ___________________________

-----------------------

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