Enforcement Agent Not Present at Hearing

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. Landlord claimed he made a reasonable effort to keep his area clean by sweeping once a day at8 a.m. The ALJ ruled against landlord and fined him $50. Landlord appealed, arguing that since the DOS enforcement agent wasn't at the ALJ hearing, the violation notice should have been dismissed. The ECB ruled against landlord. The ALJ told landlord at the beginning of the hearing that the agent wasn't available. Landlord indicated to the ALJ that he wanted to go ahead with the hearing anyway. The ALJ was also permitted to rely on statements made in the violation notice itself.

Ramsingh: ECB App. No. 19686 (8/10/94) [2-page document]