ALJDEC

99F-A989012-BFS · Department of Building and Fire Safety · 1999-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 20, 1999 APPEARANCES: Patrick Giblin, Appellant, in his own behalf No one appeared on behalf of the Department of Building and Fire Safety (Department) or other named parties. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings Of Fact 1. The basis for this Appealable Agency Action is the Department’s failure to verify Item 1 of the Appellant’s complaint after the Department’s inspection on April 1, 1999. The complaint asserted that the floor vibrated throughout the Appellant’s manufactured home.

2. The Appellant filed his appeal and the matter was to be heard on June 14, 1999. The case did not come on for hearing as scheduled but was continued to August 20, 1999. 3. On August 16, 1999, the Department re-inspected the Appellant’s home and verified the complaint against the manufacturer with respect to the vibration of the floor. The manufacturer was directed to correct this condition. 4. Notice of the verification was sent to the Office of Administrative Hearings by the Department but contact with the Appellant by Office of Administrative Hearings staff indicated the Appellant was still desirous of appearing at the hearing. 5. At the hearing the Appellant was apprised of the effect of the Department’s re-inspection and verification of the complaint and absent a reason for going forward with the hearing, that there was no basis to proceed. 6. No other justiciable reason for proceeding with the hearing was presented and under the circumstances, the Appellant agreed to dismiss the appeal which is moot.

Recommended Order In view of the foregoing it is recommended that the Appeal of Patrick Giblin be dismissed since there is no longer any issue of fact or law to be determined by way of appeal.

Done this day, August 23, 1999

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Department of Building & Fire Safety N. Eric Borg, Director E. Virginia, Suite 100 Phoenix, AZ 85004 ATTN: Michelle M. Castaneda

By ___________________________

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

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826