ALJDEC decisions subject to certification as final

12F-L1212005-BFS · Department of Fire Building and Life Safety · 2012-07-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 10, 2012 APPEARANCES: Kenneth Wagner and Johanne Lalonde failed to appear. Golden Days Mobile Home Park was represented by its authorized representative, Vanice Coronado. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ FINDINGS OF FACT 1. On May 24, 2012, the Department of Fire, Building and Life Safety issued a Notice of Hearing setting the above-captioned matter for hearing on July 10, 2012, at 1:00 p.m., at the Office of Administrative Hearings in Phoenix, Arizona. 2. Kenneth Wagner and Johanne Lalonde (“Petitioners”) failed to appear at the time scheduled for hearing, and did not request to appear telephonically. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Petitioners to be in default and no evidence was taken. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. By failing to appear at the hearing, Petitioners failed to meet the required burden of proof. As such, their Petition for Hearing should be dismissed. ORDER IT IS ORDERED that Petitioners’ Petition for Hearing be dismissed.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is the date of the certification by the Director of the Office of Administrative Hearings. Done this day, July 11, 2012.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

Gene Palma, Director Department of Fire Building and Life Safety -----------------------

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