ALJDEC

98F-C978119-BFS · Department of Building and Fire Safety · 1998-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 16, 1998 APPEARANCES: Complainants failed to appear and Respondent appeared through its president and qualifying party, Brent Wilde. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Complainants did not present any evidence at the hearing in support of the allegations set forth in the verified complaint herein.

CONCLUSIONS OF LAW

1. Complainants, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the verified complaint by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §41- 2186. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainants, it is recommended that this citation, together with the complaint upon which it is based, be dismissed.

Done this day, March 18, 1998.

_______________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of March, 1998, to:

Mr. N. Eric Borg, Director Department of Building & Fire Safety ATTN: Dawn Castle E. Virginia, Suite 100 Phoenix, AZ 85004

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826