ALJDEC decisions subject to certification as final

20F-AAA2020001-ADH · Arizona State Department of Housing · 2020-11-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

MAMIE AND MAGDALENA JIMENEZ,

Appellants

v.

ARIZONA DEPARTMENT OF HOUSING,

Appellee.

No. 20F-AAA2020001-ADH

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: November 13, 2020

APPEARANCES: Appellants failed to appear. Assistant Attorney General Valerie Marciano represented the Arizona Department of Housing. Matt Nino was present for Cavco and Nick Taylor was present for CRG.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

1. Appellants failed to appear at the rescheduled hearing.

2. Despite being provided with the video link and a phone number (in case the video link was not accessible), Appellants did not appear and did not make any other request to the Tribunal.

CONCLUSIONS OF LAW

1. The burden of proof at an administrative hearing is generally upon the petitioner, here the Appellants. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 1949).

2. Based on Appellants’ failure to appear, their appeal should be dismissed.

RECOMMENDED ORDER

IT IS ORDERED Appellants’ appeal is dismissed.

In the event of certification of the Administrative Law Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be the date of that certification.

ORDERED this day, November 16, 2020.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile November 16. 2020 to:

Carol Ditmore, Director

Arizona Department of Housing

ATTN: Esperanza Z. Padilla

1110 W. Washington, Suite 310

Phoenix, AZ 85007

[email redacted]

Mamie Jimenez

Magdalena Jimenez

2701 W. Los Reales Rd

Tucson, AZ 85746

Appellants

[email redacted]

[email redacted]

CRG Holdings LLC dba AAA Homes

Norman Ball, Qualifying Party

3636 N. Central Ave. Ste 1200

Phoenix, AZ 85012

[email redacted]

Valerie Love Marciano, Esq.

Assistant Attorney General

Office of Administration

Office of Attorney General, State Government Division

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]