ALJDEC

00F-2482-ROC-com · Registrar of Contractors · 2001-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On September 20, 2001, at 1:30 p.m., a hearing was scheduled to determine whether Respondent has substantially complied with the terms and conditions of the Decision and Order issued by the Registrar of Contractors on March 9, 2001. Neither Complainant nor Respondent was present. The record was kept open until approximately 1:50 p.m. to allow for the appearance of Complainant and/or Respondent, or the receipt of any information which would constitute good cause for their absence or delay. No such information was received. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDING OF FACT Complainant failed to appear. Therefore, no evidence was presented at the hearing in support of Complainant’s Petition for Compliance Hearing.

CONCLUSIONS OF LAW Complainant bears the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996). A “preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence, §5 (1960). 2. Complainant, by the aforementioned default in appearance at the hearing, failed to prove by a preponderance of the evidence that Respondent failed to comply with the terms and conditions of the Registrar of Contractors’ March 9, 2001 Decision and Order.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this matter be dismissed. Done this day, September 24, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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