Officer Who Issued Violation Not Required to Attend Hearing

DEP issued a violation notice to landlord for allowing cat urine odors from the public area carpet to enter tenant's apartment. The officer who issued the violation didn't appear at the hearing. The ALJ ruled against landlord and fined it $400. Landlord appealed, claiming that the inspector's failure to appear at the hearing was improper. ECB ruled against landlord. The officer's attendance at the hearing isn't required by law, and there was no dispute that the condition existed. In addition, the officer did appear on the first hearing date. The case was delayed at landlord's request. By the time of the new hearing date, the officer had retired and wasn't available to attend.

Jonas Equities, Inc.: ECB App. No. 34326 (7/30/02) [3-pg. doc.]