ALJDEC

98F-C978201-BFS · Department of Building and Fire Safety · 1998-07-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|WILLIAM AND AIMEE BAILEY, | |No. 98F-C978201-BFS | | | | | |Complainants, | | | | | | | |-v- | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |MOUNTAINVIEW HOMES, INC., | |LAW JUDGE | |LICENSE NO. 5853, CLASS D-12, | | | | | | | |Respondent. | | | | | | |

HEARING: July 23, 1998 APPEARANCES: No one appeared on behalf of the Complainant Gloria Roe, Customer Service Representative appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

This matter came on for hearing at the date, time and place scheduled in the Notice of Hearing. The record remained open for 40 minutes and no one appeared on behalf of the Complainants. The Respondent was present and prepared to proceed. According to the Respondent the issues which were set for hearing had been resolved. CONCLUSIONS OF LAW The burden of proving the allegations of the Citation and Complaint are on the complaining party and the standard of proof is by a preponderance of the substantial evidence. No evidence having been presented in this case, the burden has not been met. . . . . . . . . . . . . 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 23, 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: Michelle M. Castaneda 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