Vacate

20F-LTA2020003-ADH · Arizona State Department of Housing - LTA · 2020-09-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

TONY BERNARD, et al.,

PETITIONER,

vs.

The Oaks Mobile Home & R.V. Park, et al.

RESPONDENT.

No. 20F-LTA2020003-ADH

ORDER VACATING

HEARING

On April 27, 2020, the Arizona Department of Housing (“Department”) issued a Notice of Hearing (“Notice”) setting the above-captioned matter for hearing on June 16, 2020, at 1:30 p.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice provided, in pertinent part, that the purpose of the hearing was to determine whether Respondent committed violation(s) of the Arizona Mobile Home Residential Landlord Tenant Act pursuant to Arizona Revised Statute (“Ariz. Rev. Stat.”) § 33-1491(A).

On May 29, 2020, OAH issued an Order informing the parties that the above-captioned matter would be held via videoconference. The Order required the parties to click the provided hyperlink, or dial the number provided, to participate in the hearing.

On June 01, 2020, pursuant to written request received by Petitioner, the matter was continued to September 16, 2020, whereby an Order was issued to inform the parties of the new date and time of the hearing. The Order also provided a hyperlink and telephone number for the parties to utilize and participate in the hearing

On September 16, 2020, neither appeared for the hearing. Petitioner did not call in or appear at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Petitioner.

After the expiration of a thirty-minute grace period, the Administrative Law Judge found Petitioner to be in default. No evidence was taken.

There is no Settlement Order on file for this case at OAH.

The burden of proof in an administrative hearing falls to the party asserting a claim, right, or entitlement. Petitioner has failed to sustain his burden by failing to appear at the hearing. As such, the appeal shall be denied.

Therefore,

IT IS ORDERED that Petitioner’s appeal is dismissed.

IT IS FURTHER ORDERED that this matter is hereby vacated from OAH’s calendar and remanded to the Department for further action, if any.

Done this day, September 16, 2020.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed September 16, 2020 to:

Carol Ditmore, Director

Arizona Department of Housing

1110 W. Washington, Suite 310

Phoenix, AZ 85007

[email redacted]

Tony Bernard, et al., Petitioner

52744 E. Hwy 60, #64

Miami, AZ 85539

[email redacted]

The Oaks Mobile Home & R.V. Park, et al.

Robert Myers, Respondent Representative

2820 S. Alma School Rd., Ste. 18

Chandler, AZ 85286

By