ALJDEC decisions subject to certification as final

08F-A089022-BFS · Department of Fire Building and Life Safety · 2009-01-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 12, 2009 at 9:00 a.m. APPEARANCES: Complainant the Office of Administration did not appear; Respondent Mountain Country Homes did not appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT 1. On August 18, 2008, in Case No. 08-9/018, Complainant the Office of Administration of the Arizona Department of Fire, Building and Life Safety issued an Order of Revocation, revoking Respondent Mountain Country Homes’ Installer License No. 8265, Class I-10G under A.R.S. § 41-2186 for its failure to pay $110.00 for ten installer insignias and a $10 returned check charge for a previous check to Complainant that was returned by Respondent’s bank for insufficient funds. 2. On September 12, 2008, in Case No. 08-9/022, Complainant issued an Order of Revocation, revoking Respondent’s Dealer License No. 8268, Class D-12, under A.R.S. § 41-2186 for having a manufactured home shipped to it while its license was under suspension. 3. On October 10, 2008, Complainant issued a Notice of Errata in Case No. 08-9/022, informing Respondent of its right to request an administrative fair hearing on the revocation. 4. On November 10, Respondent requested a hearing in both matters. 5. Complainant consolidated Case Nos. 08-9/018 and 08-9/022 and referred the matters to the Office of Administrative Hearings for the scheduling of a hearing in due course. The Office of Administrative Hearings assigned the matters Case Nos. 08F- A089018-BFS and 08F-A089022-BFS (Consolidated). 6. On December 3, 2008, Complainant issued a Notice of Hearing on the consolidated matters, setting a hearing on January 12, 2009 at 9:00 a.m. 7. Although the beginning of the duly noticed hearing was delayed fifteen minutes to allow both parties additional travel time, neither party appeared personally or through a duly authorized representative, contacted the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed, or that submitted a request that they be allowed to appear telephonically. 8. Complainant did not present any evidence at the hearing to establish cause to revoke Respondent’s installer license or dealer license. CONCLUSIONS OF LAW 1. Complainant is deemed to be aware of the hearing date set in the Notice of Hearing that it issued.[1] 2. Complainant bears the burden of proof and must establish cause to discipline Respondent’s installer and dealer licenses by a preponderance of the evidence.[2] 3. By failing to appear at the duly notice hearing, Complainant failed to sustain its burden of proof. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Director of the Department of Fire, Building and Life Safety rescind the Orders of Revocation against Respondent Mountain County Homes, LLC’s Installer License No. 8265, Class I-10G in Case No. 08-9/018 and Dealer License No. 8268, Class D-12 in Case No. 08-9/022. Done this day, January 12, 2009.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of January, 2009, to:

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

By ___________________________ ----------------------- [1] See A.R.S. §§ 41-1092.04; 41-1092.05(D); 41-1061(A). [2] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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