ALJDEC

00F-H0214-ROC · Registrar of Contractors · 2000-11-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Robert and Mary Cunningham, | | No. 00F-H0214-ROC | | | | | |Complainant, | | | | | | | |-v- | | | | | |RECOMMENDED DECISION | |License No. 144841, Class B of | |OF ADMINISTRATIVE | |Terra Firma Builders and | |LAW JUDGE | |Development dba Dave Garringer's | | | |Construction (Corp), | | | | | | | |Respondent. | | | | | | |

HEARING: October 25, 2000. APPEARANCES: The Complainants did not appear. Respondent was represented by its president and qualifying party, David Garringer. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

Based upon the entire record in this matter, the following Finding of Fact, Conclusion of Law and Recommended Order are made:

FINDING OF FACT

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

CONCLUSION OF LAW

1. Complainants, by the aforementioned default in appearance at the hearing, 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 record does not support any finding that Respondent has violated the provisions of A.R.S. § 32-1154(A)2, (7), (23) and (3); namely Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be closed. Done this day, November 2, 2000.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, 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