ALJDEC

00F-A0425-ROC · Registrar of Contractors · 2001-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 26, 2001 (Prescott, Arizona)

APPEARANCES: No one appeared on behalf of Complainants; Respondent was represented by attorney Bruce Rosenberg.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled for 9:00 a.m. on January 26, 2001, in Prescott, Arizona. As noted above, Complainants did not appear at the appointed time and place. Respondent’s attorney, along with Gary Huff and Barton Huff, was present and ready to defend. This tribunal waited until 9:20 a.m. to see if Complainants would appear, but they did not. Because Complainants failed to appear and prosecute their claim, the record contains no evidence supporting the complaint. The burden of proof at an administrative hearing is generally upon a complainant. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 (1949). In this matter, Complainants bear the burden of showing, by a preponderance of the evidence, that Respondent has violated the statutes cited in the Citation and Complaint. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). Complainants has not shown a violation of any statutes cited in the Citation and Complaint.

. . .

Considering the foregoing, IT IS RECOMMENDED that complaint A00-0425 against Huff Homes; Inc. be closed.

Done this 6th day of February 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of February 2001, to:

Michael P. Goldwater ATTN: Joyce Armijo Registrar of Contractors 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