Inspector Not Required at Hearing

DOS issued a violation notice to landlord for leaving loose cardboard boxes in front of the building without tying or otherwise securing them. Landlord claimed that his neighbor left the boxes in front of landlord's building. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. Landlord then claimed that his hearing before the ALJ was improper because the inspector wasn't present. The ALJ didn't find landlord's claim about his neighbor believable. And the inspector who had issued the violation no longer worked for DOS. The violation notice was sufficient. There was no absolute right to have the inspector present at the hearing. And landlord didn't raise this issue at the hearing.

Grant: ECB App. No. 41431 (10/26/06) [1-pg. doc.]