ALJDEC

99F-C989183-BFS · Department of Building and Fire Safety · 1999-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 5, 1999 APPEARANCES: No appearances by Complainant or Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT Complainant did not present any evidence at the hearing in support of the allegations set forth in the Citation and Complaint issued by the Arizona Department of Building and Fire Safety in this matter. CONCLUSIONS OF LAW Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the allegations set forth in the Complaint by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondent failed to correct items numbered 2 and 3 of the Verified Complaint. . . . . . . . . .

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, the Citation and Complaint issued in this matter is dismissed. Done this day, April 7, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Department of Building and Fire Safety N. Eric Borg, Director E. Virginia, Ste #100 Phoenix, Arizona 85004

Attn; Gail Hinckley

By ___________________________

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

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