ALJDEC

01F-C012063-BFS · Department of Building and Fire Safety · 2001-11-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 29, 2001. APPEARANCES: Richard Laucis, Respondent’s representative; James Kirk, Respondent’s witness; and Steve Butler, Respondent’s witness. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ After filing an appeal objecting to the Respondent’s failure or refusal to correct items in a Verified Complaint and Sign-Off Form, the Complainant failed to appear at the hearing set on its behalf. As the party with the burden of proof, Complainant was unable, therefor, to establish its right to prevail. Consequently, the appeal should be denied. FINDINGS OF FACT 1. The Complainant in this matter filed a complaint with the Department of Building and Fire Safety on May 1, 2001 alleging in essence that the Respondent failed or refused to meet its obligations under the Department’s licensing statutes and rules. 2. The matter came on for hearing on October 29, 2001 following advance notice duly sent to both parties. The Respondent appeared through a duly authorized employee. Although the start of the scheduled hearing was delayed for approximately 20 minutes to afford added time in which to make an appearance, the Complainant did not appear in person or through any proper legal representative. Accordingly, no evidence was taken in the matter. CONCLUSIONS OF LAW 1. The Director of the Department of Building and Fire Safety has jurisdiction in this matter pursuant to A.R.S. § 41-2195(H). The hearing was set in accordance with A.R.S. § 41-1092 et seq. 2. The burden of proof at an administrative hearing is generally upon the Complainant. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 (1949). Further, the standard of proof at hearing is a “preponderance of the evidence”. Smith v. Arizona Dept. of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 3. Complainant, by failing to appear at the hearing, failed to sustain the requisite burden of proving by a preponderance of relevant, substantial and probative evidence that the appeal should be granted. RECOMMENDED ORDER In view of the foregoing, it is hereby recommended that the Director of the Department of Building and Fire Safety deny this appeal. Done this day, November 2, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

___________________________________ Dorinda M. Lang 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