Case Summary
| Case ID | 11F-H1112007-BFS |
|---|---|
| Agency | Department of Fire Building and Life Safety |
| Tribunal | OAH |
| Decision Date | 2012-05-08 |
| Administrative Law Judge | Lewis D. Kowal |
| Outcome | yes |
| Filing Fees Refunded | $550.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | William M. Brown | Counsel | — |
|---|---|---|---|
| Respondent | Terravita Country Club, Inc. | Counsel | Joshua M. Bolen |
Alleged Violations
A.R.S. § 33-1805(A)
Outcome Summary
The Administrative Law Judge concluded that Respondent violated A.R.S. § 33-1805(A) because, although it provided the policy, it did not do so within the mandatory ten business days. The late delivery was attributed to an unintentional computer error. Petitioner was deemed the prevailing party and awarded the $550.00 filing fee, but no civil penalties were assessed against the Respondent.
Key Issues & Findings
Failure to provide records (Directors and Officers Liability Insurance Policy) within ten business days
Petitioner requested a copy of the Respondent's Directors and Officers Liability Insurance Policy. Respondent failed to provide the policy within the statutory ten business day period, allegedly due to a computer error where the email became stuck in an outbox.
Orders: Respondent shall pay Petitioner his filing fee of $550.00. No civil penalty imposed as Respondent attempted to comply.
Filing fee: $550.00, Fee refunded: Yes
Disposition: petitioner_win
