ALJDEC

00F-2517-ROC · Registrar of Contractors · 2001-01-16

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on Tuesday, January 16, 2001 at 9 a.m. pursuant to advance notice duly sent to both parties. The named Complainants failed to appear, and the Respondent appeared through its authorized employee, Steve C. Heddon. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Although the start of the scheduled hearing was delayed for approximately 25 minutes to afford added time in which to make an appearance, neither of the named Complainants appeared at the hearing in person or through any proper legal representative.

2. Complainants did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

3. One day after the adjournment of the hearing at which the Complainant’s default in appearance had been entered, but prior to the finalizing of the within decision by the undersigned Administrative Law Judge, a copy of a document that had been recently filed with the Registrar of Contractors was somewhat belatedly forwarded to this tribunal. Such document was entitled as a “Stipulation for Dismissal Without Prejudice” and was signed on behalf of both parties by their respective attorneys. It is further noted that the named attorney purportedly representing Complainants had not previously filed any notice of appearance in this matter.

4. Under all the circumstances, the mutually concluded stipulation may properly be treated as overriding the default in appearance at the hearing. In any event, a dismissal of the underlying administrative action is fully appropriate.

CONCLUSIONS OF LAW

The contents of the written stipulation concluded between the parties and filed with the administrative agency that had forwarded this matter for hearing warrants the termination of the instant proceeding and the entry by the Registrar of an Order dismissing the within Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the entire Citation and Complaint in Case No. 00-2517 be dismissed.

Dated: January 19, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

____________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington Street (6th Floor) Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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