ALJDEC

98F-C978122-BFS · Department of Building and Fire Safety · 1998-07-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|WILLIAM C. MITCHELL, | |No. 98F-C978122-BFS | | | | | |Complainant, | | | | | | | |-v- | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |MOUNTAIN VIEW HOMES, | |LAW JUDGE | |LICENSE NO. 5853, CLASS D-12, | | | | | | | |Respondent. | | | | | | |

HEARING: July 7, 1998 APPEARANCES: No one appeared on behalf of the Complainant Gloria Roe, Service Coordinator, appeared on behalf of Mountain View Homes ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

The matter came on for hearing at the date time and place scheduled in the Notice of Hearing. The Respondent was present and prepared to proceed. No one appeared on behalf of the Complainant and no information was received which would show good cause for the Complainant’s failure to appear. The Complainant has the burden of going forward and proving the allegations by a preponderance of the substantial evidence. No evidence was presented which would tend to prove the allegation of the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing it is recommended that the Citation and Complaint upon which it is based be dismissed. Done this day, July 7, 1998.

_______________________________ ALLEN REED Administrative Law Judge

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

N. Eric Borg, Director Department of Building & Fire Safety ATTN: S. Gail Hinckley 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