Vacate: Settlement Recommendation

07F-C067274-BFS · Department of Fire Building and Life Safety · 2007-09-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A continued hearing on the merits had been scheduled on this date. Respondent appeared for the hearing through its attorney and Service Manager and was prepared to present evidence to defend its license. After Complainants Mr. and Mrs. Estes did not appear within fifteen minutes of the time scheduled for the continued hearing, the time allowed by the policy of the Office of Administrative Hearings, Respondent on the record moved to dismiss the complaint based on the failure to appear by Complainants, who bore the burden of proof under applicable statute and regulation. After the Administrative Law Judge indicated that she would grant the motion, Complainant Mrs. Estes appeared telephonically and indicated that the complaint at issue had been resolved to her satisfaction and that she consented to its dismissal. Therefore, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date. IT IS FURTHER ORDERED remanding this complaint under A.A.C. R2-19- 111(3) to the Director of the Arizona Department of Fire Building and Life Safety/Office of Manufactured Housing with the recommendation it be dismissed pursuant to the parties’ agreement. Done this day, September 21, 2007.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of September, 2007 to:

Robert Barger, Director Department of Fire Building and Life Safety ATTN: Joyce Kesterman 1110 West Washington Avenue, Suite 100 Phoenix, Arizona 85007

Marc A. Appel, Esq. Appel Law Office PLLC 10601 N. Hayden Rd., Suite I-103 Scottsdale, AZ 85260

Michael and Stephanie Estes 6640 Landfair Lane Riverside, CA 92509

By _______________________________

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