VACATE

01F-C012103(1)-BFS · Department of Building and Fire Safety · 2001-11-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LORA L. ZABALA, | | | |Complainant, | | | |-v- | | | |LEISURE DEVELOPMENT, INC., | |Docket No. 01F-C012103(1)-BFS | |LICENSE NO. 5994, CLASS D-12, | | | |Respondent. | | | |and | | | |COUNTRY PINES MOBILE HOME REPAIR, | |Docket No. 01F-C012103(2)-BFS | |LICENSE NO. 6747, CLASS I-10C, | | | |Respondent. | | | | | |ORDER VACATING HEARING AND | | | |REMANDING TO AGENCY | | | | |

These above captioned matters were scheduled for formal administrative hearing in the Office of Administrative Hearings, Phoenix, on November 28, 2001, at 9:00 a.m. On November 26, 2001, Respondent Leisure Homes filed a copy to this Tribunal of the very recently-initialed verified complaint and sign off form. This form was initialed and signed by Complainant Lora Zabala on November 25, 2001. Respondent inquired whether the hearing would still need to go forward. When contacted by Tribunal staff, Complainant Zabala verbally indicated that the matter was resolved and that she had filed a document by certified mail to the Department of Building and Fire Safety, and would fax- file a document to the Tribunal. The “document” was not yet received at the time set for the hearing. A previous request from Complainant to appear telephonically was Granted, with the proviso that the parties submit in advance all documents they intend to use at the hearing. These documents, and the appropriate copies, were Ordered to arrive at the Tribunal no later than Monday, November 26, 2001. No documents were received. The failure to supply hearing documents and Complainant’s initials and signature on the verified complaint and sign off form both being indicative of the matter being resolved, it would appear that vacating the hearing in these matters would be appropriate. Therefore, IT IS ORDERED the formal hearing in these matters is Vacated and the matters are Remanded to the Department of Building and Fire Safety - Office of Manufacture Housing for any further handling. ORDERED and DATED this day, November 28, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Copy mailed this ____ day of November, 2001, to:

Lora L. Zabala 441 E. Edison Ave. Williams, AZ 86046

Leisure Homes ATTN: James Zotika, QP 5900 N. Hwy 89 Flagstaff, AZ 86004

Country Pines Mobile Home Repair ATTN: Peter Meluch, QP 12895 Three Man Trail Flagstaff, AZ 86004

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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826