ALJDEC decisions subject to certification as final

08F-A088019-BFS · Department of Fire Building and Life Safety · 2008-06-30

STATE OF ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 30, 2008

APPEARANCES: No one appeared on behalf of Complainants; Respondent Cavco was represented by Mike Edwards, Service Manager; Respondent Bronco was represented by its President and Qualifying Party, Brent Wilde.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this appeal from the non-verification of four items that were reviewed by the Office of Manufactured Housing, Arizona Department of Life, Building, and Fire Safety was set, by Notice of Hearing issued May 16, 2008, for 9:00 a.m. on today’s date, June 30, 2008. As noted above, Complainants did not appear at the appointed time and place. Respondents’ representatives were present, along with witnesses. This tribunal waited until 9:15 a.m. to see if Complainant or a representative would appear, but no one did. Because Complainants failed to appear and prosecute the appeal, the appeal is unsupported by evidence.

. . .

The burden of proof at an administrative hearing is generally upon the party asserting a claim, right, or entitlement.[1] Further, the standard of proof is “preponderance of the evidence,” meaning “more probable than not.”[2] Therefore, Complainants bear the burden of showing, by a preponderance of the evidence, that the non-verified items should have been verified. By failing to appear and put forth evidence, Complainants have not met that burden.

Considering the foregoing, IT IS RECOMMENDED that the Director of the Arizona Department of Life, Building, and Fire Safety deny this appeal.

Done this 30th day of June 2008.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of July 2008, to:

Robert Barger, Director Arizona Department of Fire, Building, and Life Safety ATTN: Debra Blake 1110 West Washington Ave., Suite 100 Phoenix, AZ 85007

By ___________________________ ----------------------- [1] Arizona Administrative Code (A.A.C.) R2-19-119(B). [2] Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996); In the Matter of the Appeal in Maricopa County Juvenile Action No. J- 84984, 138 Ariz. 282, 283, 674 P.2d 836, 837 (1983).

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