ALJDEC

99F-L989013-BFS · Department of Building and Fire Safety · 1999-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 29, 1999. APPEARANCES: Petitioner did not appear. Respondents were represented by their attorney, Ronald W. Meyer, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the hearing was delayed thirty minutes to allow for the late arrival of the Petitioner. Based upon the entire record in the matter, the following Finding of Fact, Conclusion of Law and Recommended Order are made:

FINDING OF FACT

1. Petitioner did not present any evidence at the hearing in support of the allegations set forth in the petition herein. … … … …

CONCLUSION OF LAW

1. Petitioner, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the allegations set forth in the petition by a preponderance of relevant, substantial and probative evidence, and consequently, the record does not support any finding that Respondents have violated the provisions of the Arizona Mobile Home Parks Residential Landlord Tenant Act.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by the petitioner, it is recommended that his petition in this matter be dismissed. Done this day, March 29, 1999.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

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

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

By ___________________________

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