HOA - ALJDEC decisions
21F-H2121058-REL-RHG · Department of Real Estate - H/C · 2022-03-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Daniel Belt,
Petitioner
v.
Beaver Valley Improvement Association,
Respondent
No. 21F-H2121058-REL-RHG
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: March 10, 2022
APPEARANCES: Petitioner Daniel Belt failed to appear. Ellen Davis, Esq. represented Respondent Beaver Valley Improvement Association. William Campbell appeared as a witness for Respondent Beaver Valley Improvement Association.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
The above-captioned matter was set to convene for hearing on March 10, 2022, at 1:00 p.m., at the Office of Administrative Hearings in Phoenix, Arizona.
On the date and time set for hearing, Ellen Davis, Esq. was present representing Beaver Valley Improvement Association (“Respondent”). William Campbell was also present as a witness for Respondent. Daniel Belt (“Petitioner”) did not appear for hearing. No representative for Petitioner appeared by 1:10 p.m., Petitioner did not request a continuance, and Petitioner failed to provide any cause for such non-appearance. Ms. Davis made a motion to dismiss.
CONCLUSION OF LAW
Petitioner bears the burden of proof to establish that Respondent committed the alleged violation as asserted in the Petition, by a preponderance of the evidence. Because Petitioner failed to appear, Petitioner failed to sustain his burden to establish a violation by Respondent.
ORDER
IT IS ORDERED that Petitioner’s Petition is dismissed.
NOTICE
This administrative law judge order, having been issued as a result of a rehearing, is binding on the parties. A.R.S. § 32-2199.02(B). A party wishing to appeal this order must seek judicial review as prescribed by A.R.S. § 41-1092.08(H) and title 12, chapter 7, article 6. Any such appeal must be filed with the superior court within thirty-five days from the date when a copy of this order was served upon the parties. A.R.S. § 12-904(A).
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-137160-45720000Done this day, March 11, 2022.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile March 11, 2022 to:
Louis Dettorre, Commissioner
Arizona Department of Real Estate
100 N. 15th Avenue, Suite 201
Phoenix, Arizona 85007
Attn:
[email redacted]
[email redacted]
[email redacted]
Brandee Abraham
4150 N. 9th St., Apt. 207
Phoenix, AZ 85014
Daniel B Belt
19402 N 15th Dr.
Phoenix, AZ 85027
By: Miranda A.