ALJDEC

01F-C012074-BFS · Department of Building and Fire Safety · 2001-11-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing on Thursday, November 1, 2001 at 1:30 p.m. pursuant to advance notice duly mailed to both parties. Complainant failed to appear, and Respondent appeared through its qualifying party, Michael R. Cundall. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The start of the scheduled hearing was delayed for over twenty minutes so as to afford additional time for Complainant to appear. However, Complainant did not appear either individually or through any proper legal representative.

Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

Respondent’s authorized representative, who was present at the hearing and prepared to proceed with the presentation of defenses to any and all charged violations,

requested by motion that the instant Citation and Complaint be dismissed based upon the default in appearance by Complainant at the scheduled hearing.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain his required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §41-2186, as charged in the instant Citation, thereby warranting the granting of Respondent’s motion to dismiss and the actual dismissal of the within Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of proper prosecution by or on behalf of Complainant, it is recommended that the motion to dismiss by Respondent be granted and that the entire Citation and Complaint in Case No. 01-2/074 be dismissed.

Dated: November 5, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on November 5, 2001

by: _____________________________ , to:

N. Eric Borg, Director Department of Building and Fire Safety East Virginia (Suite 100) Phoenix, AZ 85004

ATTN: Shawna Blank -----------------------

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