ALJDEC

99F-C989220-BFS · Department of Building and Fire Safety · 1999-04-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on April 1, 1999 pursuant to advance notice duly sent to both parties. The Respondent appeared through its owner and qualifying party, Johnny Lee Clark. Although the start of the scheduled hearing was delayed for approximately 30 minutes to afford added time in which to make an appearance, the Complainant did not appear in person or through any proper legal representative. Testimony and documentary evidence were presented, and based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

2. The undisputed evidence presented by Respondent established that all necessary corrective measures have been accomplished and that Complainant had signed a document indicating his written confirmation of the remedial work performance and his satisfaction with the results of same.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. On the contrary, the uncontroverted evidence adequately demonstrated that appropriate corrective action has been performed and has been acknowledged by Complainant.

2. The record does not support any finding that Respondent has violated the provisions of A.R.S. §41-2186, as charged in the instant Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case No. 98-9/220 be dismissed.

Dated: April 5, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

N. Eric Borg, Director Department of Building and Fire Safety East Virginia (Suite #100) Phoenix, Arizona 85004

Attn.; Gail Hinckley -----------------------

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