ALJDEC

00F-S0021-ROC · Registrar of Contractors · 1999-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CAROLYN CRANFORD and |§|CASE NO.: S00-0021 | |KAREN HUMISTON, |§| | | |§|DOCKET NO.: 00F-S0021-ROC | |Complainants, |§| | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No. 108019, Class B- of |§| | |Joel Leroy Ward d.b.a. |§| | |HOUSEWRIGHT CONSTRUCTION (INDIV),|§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: December 8, 1999, at 1:30 p.m. APPEARANCES: The Complainants failed to appear. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on December 8, 1999, pursuant to notice sent to all parties. The Complainants failed to appear and the Respondent failed to appear. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. On December 6, 1999, the Complainants filed a letter indicating that they had entered into an agreement with the Respondent which resolved their differences. The Complainants requested that the hearing be vacated and that their complaint be withdrawn.

2. The Complainants failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein.

CONCLUSIONS OF LAW

1. Parties should be free to enter into settlement agreements which resolve their differences.

2. The Complainants, by the aforementioned default in appearance at the hearing for this matter, 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 credible evidence of record does not support any findings that the Respondent has violated the charged provisions of A.R.S. §32-1154(A).

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by the Complainants, it is recommended that Citation No. S00-0021, together with the complaint upon which it is based, be dismissed.

Dated this 17th day of December, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of December, 1999 to:

Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by: ----------------------- Office of Administrative Hearings 100 North Stone, Suite 704 Tucson, Arizona 85701 (520) 628-5488