ALJDEC

01F-R012020-BFS · Department of Building and Fire Safety · 2002-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 10, 2002 APPEARANCES: Complainant Debora Norman failed to appear. Respondent failed to appear. No one appeared to represent the interests of the Consumer Recovery Fund. ADMINISTRATIVE LAW JUDGE: Constantino Flores _____________________________________________________________________

This matter came on for a regularly scheduled hearing on January 10, 2002 at 1:30 p.m. The Administrative Law Judge notes for the record that the start of the scheduled hearing was delayed for approximately fifteen (15) minutes to allow added time for appearance by or on behalf of Complainant Deborah Norman, Respondent, or the Consumer Recovery Fund. All parties failed to appear, and further failed to inform the Office of Administrative Hearing of any reason which would establish good cause for failing to appear. . . . . . . Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT Respondent Oakwood Mobile Homes, Inc., dba Factory Certified Homes (“Factory”) is the holder of a Class D-8 license (No. 6338) issued by the Arizona Department of Building and Fire Safety (the “Department”). Leroy Armstrong is the qualifying party. On October 23, 2001, Complainant Debora Norman filed a claim against the Consumer Recovery Fund in the amount of $4,900.00. Ms. Norman alleged that Factory charged her for a new septic tank that was never installed and for front and rear door steps. On December 3, 2001, the Department issued a Notice of Hearing setting this matter for hearing on January 10, 2002 at 1:30 p.m. at the Office of Administrative Hearings in Phoenix, Arizona. The Department sent a copy of the Notice of Hearing to Ms. Norman, and Mr. Armstrong by certified mail. 4. Neither Ms. Norman nor Factory appeared for the noticed hearing. CONCLUSIONS OF LAW 1. The burden of proof was on Complainant Debora Norman to establish, by a preponderance of the evidence, that she should be granted the claim for $4,900.00 from the Consumer Recovery Fund. 2. By her failure to appear at the hearing, Ms. Norman failed to sustain the required burden of proof. RECOMMENDED ORDER In view of the foregoing, it is recommended that Ms. Norman’s claim for $4,900.00 from the Consumer Recovery Fund be denied.

Done this day, January 10, 2002.

_____________________________________ Constantino Flores

Administrative Law Judge

Original transmitted by mail this

____ day of ____________, 2002, to:

Department of Building and Fire Safety N. Eric Borg, Director 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