2. Procedural History

The complaint was filed June 1, 2007, and timely answered. The assigned administrative law judge conducted a telephonic prehearing conference with the parties on October 30, 2007. The evidentiary hearing (EH), which was initially set for November 29, 2007, was continued to January 14, 2008, at the request of the parties. The EH commenced in Palm Springs on that date. It concluded, and the matter was submitted, on January 15, 2008.