ALJDEC

99F-C989175-BFS · Department of Building and Fire Safety · 1999-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 3, 1999 APPEARANCES: No one appeared on behalf of the Complainants James L. Fann, Qualifying Party appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings Of Fact This matter came on for hearing on the date and at the time scheduled in the Notice of Hearing. Office of Administrative Hearings support staff contacted the Complainants by telephone on March 2, 1999, to inform them of the change of location for the hearing from 1700 West Washington to 1400 West Washington. At that time the Complainants indicated that no one would be appearing at the hearing in their behalf. The record of the hearing remained open for approximately 40 minutes and no information was received which would establish good cause for the failure of the Complainants to appear and present their case and no evidence was presented.

Conclusions Of Law The burden of proof and going forward with the evidence is on the Complainants who made the allegation. There being no evidence presented on behalf of the Complainants, no presentation is required of the Respondent. Under the above facts, only one recommendation can be made. 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, March 3, 1999.

_________________________________ ALLEN REED Administrative Law Judge

Copies mailed this ____ day of March, 1999, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826