Complaint:
Source of Law:
Discussion:
The Office of Administrative Hearings is in receipt of Petitioner’s Motion for Reconsideration of his Motion to Strike Response (Answer) and Application for Entry of Default previously filed with the Department of Fire, Building and Life Safety. . . . By virtue of this Minute Entry, the Motion for Reconsideration, a copy of which is attached, is being referred to the Director of Fire, Building and Life Safety for disposition. (2/15/07 ME).
Holding:
The Office of Administrative Hearings has received the February 26, 2007 Order issued by the Director of Fire, Building and Life Safety wherein a default decision in this matter was entered. Therefore, this matter is vacated from the docket of the Office of Administrative Hearings. (2/27/07 ME).
Comments:
This case was an apparent default decision against the HOA. Petitioner filed a motion to reconsider (implying a decision against the petitioner was made) to strike HOA’s response (invalidate the response), and sought an order of default. If the HOA doesn’t respond, a default entry is permitted. Entry of default is filed with the Dept. of Fire, Building and Life Safety, not with OAH. Further details not available at this time. Scott Carpenter was the HOA attorney.
