Final

07F-2321-BOA · Board of Appraisal · 2008-01-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

I have reviewed the records of the Office of Administrative Hearings and as co-custodian of such records have determined:

1. On November 21, 2007, the Administrative Law Judge Decision in the above entitled matter was transmitted to the Board of Appraisal by mail.

2. Pursuant to A.R.S. § 41-1092.08 and A.R.S. § 1-243, the Board of Appraisal could have accepted, rejected or modified the Administrative Law Judge Decision, as evidenced by receipt of such action by the Office of Administrative Hearings, on or before December 18, 2007, five days after the matter was heard by the Board.

3. On December 17, 2007, the Office of Administrative Hearings received a letter advising that the Board voted to reject the Administrative Law Judge’s decision and to remand for the Administrative Law Judge’s consideration two violations which are on file with the Board.

4. To reject a decision, the Board needed to have issued its own decision based on the existing record. It might have chosen to have taken administrative notice of its own files and modify the recommended decision of the Administrative Law Judge. At any rate, the Board chose to remand the matter which is not a permissible action under A.R.S. § 41- 1092.08.

Therefore, pursuant to A.R.S. § 41-1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Board of Appraisal.

Respondent has the right to request a rehearing from the Board of Appraisal pursuant to A.R.S. § 41-1092.09(A). In addition, Respondent has the right to appeal this action to the Superior Court, pursuant to A.R.S. § 41- 1092.08(H), although Respondent may be required to seek a rehearing from the Board of Appraisal before appeal (see A.R.S. § 41-1092.09(B)). Respondent’s further rights will be lost if Respondent does not act in a timely manner. Respondent may wish to review these sections as quickly as possible after receipt of this notice. They may be found at the local library or on the internet at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

Done this day, January 15, 2008.

_________________________________ Cliff J. Vanell Director

Original transmitted by mail this ____ day of ____________, 2008 to:

Deborah G. Pearson, Executive Director Board of Appraisal 1400 West Washington, Suite 360 Phoenix, AZ 85007

Thomas J. Dozier 3784 W. wood Dr. Phoenix, AZ 85029

Office of the Attorney General Dawn Walton Lee CIV/LES 1275 West Washington Avenue Phoenix, AZ 85007

By _______________________________ -----------------------

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