VACATE

99F-R989010-BFS · Department of Building and Fire Safety · 1999-04-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On March 8, 1999, the Arizona Department of Building and Fire Safety (“Department”) sent the parties written notification that a hearing would be held in this matter on April 21, 1999 at 9:00 a.m. before the undersigned. Neither party appeared at the duly noticed hearing, either personally or through an authorized representative or attorney, contacted the Office of Administrative Hearings to request a continuance or that the time for the hearing be delayed, or presented any evidence at the hearing regarding the verified complaint and claim to the Consumer Recovery Fund (“Fund”) under A.R.S. § 41-2190(A). The parties apparently also did not contact the Department. Their failure to present any evidence at the hearing in support of their positions precludes the undersigned from making a recommendation regarding the appropriate outcome of this matter to the Director of the Department. Therefore, IT IS HEREBY ORDERED that the hearing scheduled to convene on April 21, 1999 be and hereby is vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED that this matter be remanded to the Director of the Department without a recommendation. In the event the Director determines that a hearing should be held, he may direct that a rehearing be scheduled. . . . . . . . . . Done this day, April 26, 1999.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of April, 1999, to:

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

Pamala Coolman/Cathy L. Jerrett 1080 W. Foothill St. Apache Junction, AZ 85220

Cave Enterprises, Inc. dba Tower Homes Phillip C. Cave 734 E. Broadway, Ste. #A Mesa, AZ 85203

By _______________________________

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