ALJDEC

00F-2758-ROC · Registrar of Contractors · 2001-06-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 8, 2001 APPEARANCES: No one appeared on behalf of the Complainant Misty Burtnett, Executive Assistant, appeared on behalf of the corporate Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing at the time, date and place set forth in the Notice of Hearing. 2. The Notice of Hearing had been issued on April 10, 2001. 3. On June 1, 2001, the Complainant sent a letter to Registrar of Contractors Inspector Bob Davies (Davies) stating that the Complainant would not be available for the pre-hearing inspection or the hearing because “…something personal has come up and I will be out of town until Tuesday the 12 th”. 4. On June 4, 2001, the Complainant’s letter was forwarded to the Office of Administrative Hearings (OAH). After receiving the letter, the assigned administrative law judge (ALJ) requested OAH staff to contact Davies, the Complainant and the Respondent to inform them the hearing would proceed unless The Complainant submitted a motion to continue which set forth good cause, with a copy to the Respondent. 5. Various telephone contacts by OAH staff with the parties indicated that the Complainant may be out of town for unspecified medical reasons. This is not confirmed since no motion has been received from the Complainant. Conclusions of Law 1. The above facts do not establish good cause for a continuance. The Complainant did not submit a motion to continue to OAH, but merely submitted a letter to Davies. The Complainant did not send a copy of the letter to the Respondent. Finally the Complainant did not state a reason for the continuance other than “something personal”. 2. The administrative hearing process attempts to accommodate non legally trained persons who represent themselves. The public is not bound to stringent technical rules of evidence or procedure. However, certain matters cannot be left as a unilateral decision of one party or the other. Matters such as continuances, which affect all the parties to a hearing must be communicated to all the parties. Although the Complainant may have sufficient good cause for the continuance, the ALJ has no information which would establish this and the ALJ cannot engage in conjecture or surmise or otherwise assume good cause. Absent a showing of good cause, the legal presumption is that the Complainant has chosen not to pursue the matter. 3. Since there were no good grounds for a continuance, the hearing commenced as scheduled. The Complainant has the burden of presenting sufficient evidence to prove the case. Since the Complainant was not present, no evidence was presented on behalf of the Complainant and absent evidence no violations can be found. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it is based be dismissed.

Done this day, June 11, 2001

______________________________________ Allen Reed Administrative Law Judge

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