ALJDEC

00F-0324-ROC-com · Registrar of Contractors · 2000-07-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 5, 2000 APPEARANCES: Neither party appeared at the hearing either in person or by legal representative. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

FINDINGS OF FACT The above-styled cause was called for hearing on July 5, 2000 at 1:30 P.M. at the Office of Administrative Hearings in Phoenix, Arizona. The purpose for the hearing was to entertain the complaint of Luis and Jose Gonzalez concerning Respondent’s ostensible failure to comply with the Registrar’s order of February 2, 2000. Complainants failed to appear. Complainants, having failed to appear, did not present evidence in support of their complaint.

CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainants. Utah Construction Company v. Berg, 205 P. 2d 367, 68 Ariz. 285 (Ariz. 1949). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). Complainants, by the aforementioned default in appearance at the hearing, failed to sustain their burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent violated statute, regulation or legal principle by its actions or omissions. Consequently, the record does not contain a finding in support of the complaint.

RECOMMENDED ORDER IT IS RECOMMENDED that the Registrar of Contractors dismiss this action upon Complainant’s default and reaffirm the order of February 2, 2000 effectively closing this case.

Set forth this 5th day of July in the year 2000.

______________________________________ Gary B. Strickland 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