Vacate
24F-LTA019-ADH · Arizona State Department of Housing - LTA · 2024-12-09
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Steven Miller, et al.,
Petitioner,
vs.
Flamingo Mobile Home Community, et al.,
Respondent.
No. 24F-LTA019-ADH
ORDER VACATING HEARING
On June 26, 2024, Steven Miller et al. (“Petitioner”), filed a Petition for Hearing before the Mobile Home Parks Administrative Law Judge through the Department of Housing (“Department”).
On or about June 27, 2024, the Department provided Notice of the Petition to Flamingo Mobile Home Community, owner of the park, (“Respondent”) and Christina Davis with Flamingo MHC, resident manager of the park.
On July 02, 2024, Respondents through counsel, filed a timely Response to Petition.
On July 03, 2024, the Department provided Petitioner with a copy of Respondent’s Reply to Petition.
On August 01, 2024, Petitioner filed a response to Respondent’s Reply to Petition and submitted a request for State Fair Hearing.
On August 09, 2024, the Department issued a Notice of Hearing in the matter that scheduled an administrative hearing at 1:00 p.m. on September 19, 2024, before the Office of Administrative Hearings (“OAH”), an independent state agency, in Phoenix, Arizona. Correspondence was not returned as undeliverable to either party.
On September 16, 2024, Respondent submitted a Motion to Continue to OAH. The Tribunal granted the motion and reset the matter for continued hearing at 1:00 p.m. on November 08, 2024, pursuant to a Minute Entry – Granting Continuance that same date. Correspondence was not returned as undeliverable to either party.
On November 04, 2024, Petitioner submitted a Motion to Continue to the Department, who, in turn, forwarded the motion to OAH. The Tribunal granted the motion and reset the matter for continued hearing at 1:00 p.m. on December 09, 2024, pursuant to a Minute Entry – Granting Continuance on November 08, 2024. Correspondence was not returned as undeliverable to either party.
On December 09, 2024, at the time scheduled for continued hearing, Petitioner failed to appear. Although afforded an approximate 15 minute grace period, there was no appearance by or on behalf of Petitioner. No Motion to Continue or appear via alternative means was received by or on behalf of Petitioner.
There is no settlement on file for this matter at OAH.
Because Petitioner failed to appear, this matter is hereby vacated from OAH’s calendar pursuant to Ariz. Admin. Code R2-19-111(4), R2-19-119(B)(1), and R2-19-117. Therefore,
IT IS ORDERED that Petitioner’s petition be dismissed, without prejudice.
IT IS FURTHER ORDERED that this matter be remanded to the Department for further action, if any.
Done this day, December 10, 2024.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Joan Serviss, Director
Arizona Department of Housing
1110 W. Washington St., Ste. 280
Phoenix, AZ 85007
[email redacted]
[email redacted]
Steven A. Miller, Petitioner
5002 W. Bethany Home Rd. #35
Glendale, AZ 85301
Scott A. Baluha, Esq.
Zona Law Group, Counsel for Respondent
7701 E. Indian School Rd., Ste. J
Scottsdale, AZ 85251
[email redacted]
By: OAH Staff