ALJDEC

00F-2151-ROC · Registrar of Contractors · 2000-08-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 31, 2000. APPEARANCES: The Complainant, Oommen Jacob, did not appear. The Respondent was represented by its authorized employee, Jim Sayers. Inspector Les “Bud” Combs of the Registrar of Contractors was present and available to testify for either party. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Complainant or an attorney representing him. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Respondent’s authorized representative, Jim Sayers, and the Registrar of Contractors’ assigned agency inspector, Les “Bud” Combs, were timely present for the hearing. 2. The Notice of Hearing was mailed to Complainant at his address of record with the Registrar of Contractors, which was the address he listed on the complaint filed with the Registrar. 3. Complainant did not present any evidence at the hearing in support of the allegations set forth in his complaint against the Respondent filed with the Registrar of Contractors. CONCLUSIONS OF LAW

1. Complainant, by his default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence, and consequently, the record does not support any finding that the Respondent has violated the provisions of A.R.S. § 32-1154 (A) (7), (23) and (3); namely Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the Citation and Complaint in this matter be dismissed. Done this day, August 31, 2000.

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater, Director Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007 By ___________________________ -----------------------

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