ALJDEC

00F-2151-ROC-rhg · Registrar of Contractors · 2001-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 5, 2001 APPEARANCES: The Complainant did not appear. The Respondent appeared through its qualifying party, James Francis Sayers. Inspector Les Combs of the Registrar of Contractors was also in attendance. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled rehearing was delayed for 15 minutes to allow for the late arrival of the Complainant or an attorney authorized to represent him. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Complainant did not present any evidence at the rehearing in support of the allegations set forth in the Complaint in this matter.

CONCLUSIONS OF LAW

1. Complainant, by his default in appearance at the rehearing, 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 instant record does not support any finding that Respondent has violated the provisions of A.R.S. § 32-1154(A) as charged in the Citation herein.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed. Done this day, February 5, 2001.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater, Director 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