ALJDEC

00F-0204-ROC · Registrar of Contractors · 2000-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 6, 1999 APPEARANCES: Complainant failed to appear. Sycamore Building and Remodeling, Inc. appeared through its president, Jim Moyer. AAA Fordable Air Conditioning appeared through its member/owner, Wade Swainston. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. The above captioned matters were consolidated for the purpose of hearing since they involved similar issues and entailed the use of the same witnesses. 2. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaints herein.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the two complaints by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondents have violated the provisions of A.R.S. §32- 1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that these citations, together with the complaints upon which they are based, be dismissed.

Done this day, January 12, 2000

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826