ALJDEC

98F-C978202-BFS · Department of Building and Fire Safety · 1998-06-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |EDWARD AND KIM M. TORRES, |§|CASE NO.: 97-8/202 | | |§| | |Complainants, |§|DOCKET NO.: 98F-C978202-BFS | | |§| | |-v- |§| | | |§| | |FLEETWOOD HOMES OF ARIZONA, INC.,|§|RECOMMENDED | |License No. 6184, Class M-9E, |§|DECISION AND ORDER | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: Wednesday, June 17, 1998 at 8:30 a.m. APPEARANCES: The Respondent appeared through its authorized employee, Tex Imnon. The Complainants failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on June 17, 1998, pursuant to notice duly sent to all parties. The Respondent appeared through its authorized employee, Tex Imnon, and the Complainants failed to appear. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. That the Respondent is the holder of a Class M-9E License issued by the Department of Building and Fire Safety.

2. That the Complainants did not present any evidence at the hearing in support of the allegations set forth in the Complaint herein.

CONCLUSIONS OF LAW

1. That the Complainants, by the aforementioned default in appearance at the scheduled hearing, failed to sustain the required burden of proving the charges set forth in their complaint by a preponderance of evidence, and that consequently, the credible evidence of record does not support any findings that the Respondent has violated any of the charged code provisions.

recommended ORDER

In view of the foregoing, it is Recommended that Case No.97-8/202, together with the complaint upon which it is based, be dismissed.

Dated this 22nd day of June, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of June, 1998 to:

N. Eric Borg, Director Building of Fire and Safety ATTN: Gail Hinckley E. Virginia, Suite 100 Phoenix, AZ 85004

Transmitted by:

-----------------------

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