ALJDEC decisions subject to certification as final

18F-H1817009-REL · Department of Real Estate - H/C · 2018-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jeff Lion

Petitioner,

Riggs Ranch Meadows Homeowners Association

Respondent.

No. 18F-H1817009-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 9, 2018

APPEARANCES: Petitioner Jeff Lion did not appear; Nathan Tennyson, Esq. for Respondent

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

_____________________________________________________________________

FINDINGS OF FACT

On October 2, 2017, the Arizona Department of Real Estate issued a Notice of Hearing setting the above-captioned matter for hearing on November 29, 2017 at the Office of Administrative Hearings in Phoenix, Arizona.

The Notice of Hearing shows that Petitioner Jeff Lion alleged that Respondent Riggs Ranch Meadows Homeowners Association violated Article 8 of the Respondent’s CC&Rs.

Mr. Lion filed a Motion to Continue the matter, requesting that it be heard on January 9, 2018. Respondent did not object to the Motion and the matter was scheduled to convene at 9:00 a.m. on January 9th.

Mr. Lion did not appear at 9:00 a.m. January 9, 2018, but his two named witnesses did appear. The witnesses informed the tribunal that Mr. Lion was not going to appear and that they were going to represent him at the hearing.

The tribunal informed these witnesses that under Arizona Supreme Court Rule 31, they could not represent Mr. Lion unless they were attorneys licensed to practice in Arizona. The witnesses confirmed that neither of them is a licensed attorney in the State of Arizona.

Considering that the matter had been continued to January 9, 2018 at Mr. Lion’s request, the tribunal informed the parties that the matter would be vacated and remanded to the Department based on Mr. Lion’s failure to appear.

Because there was no authorized representative present for Mr. Lion, no evidence was taken.

CONCLUSIONS OF LAW

The Department of Real Estate has authority over this matter. Ariz. Rev. Stat. Title 32, Ch. 20, Art. 11.

The party asserting a claim, right, or entitlement has the burden of proof, and a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

A preponderance of the evidence is:

The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014).

Appearances at the Office of Administrative Hearings are considered to be the practice of law. See Arizona Supreme Court Rule 31.

In this matter, Mr. Lion specifically requested that the hearing be conducted on January 9, 2018. No one authorized to represent Mr. Lion appeared at the scheduled hearing time. Consequently, Mr. Lion failed to present any evidence in support of his petition.

Mr. Lion’s petition is dismissed and the Respondent Riggs Ranch Meadows Homeowners Association is deemed to be the prevailing party in this matter.

ORDER

IT IS ORDERED that Petitioner Jeff Lion’s petition is dismissed.

NOTICE

Pursuant to Ariz. Rev. Stat. section 32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to Ariz. Rev. Stat. section 32-2199.04. Pursuant to Ariz. Rev. Stat. section 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Done this day, January 10, 2018

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile on ____

Judy Lowe, Commissioner

Arizona Department of Real Estate

2910 North 44th Street, Room 100

Phoenix, AZ 85018

Attn:

[email redacted]

Jeff Lion

PO Box 1350

Selma, CA 93662

Nathan Tennyson

BROWN/OLCOTT, PLLC

373 S. Main Ave.

Tucson, AZ 85701

[email redacted]

By __Felicia Del Sol