ALJDEC

01F-0238-ROC · Registrar of Contractors · 2001-01-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 25, 2001. APPEARANCES: Neither Complainant nor Respondent appeared. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT The hearing in this matter convened on January 25, 2001, at 1:30 p.m. in accord with the notification sent to the parties. Neither party appeared, despite having been properly notified of the time and place of the hearing. No written motion to withdraw the complaint, as required by the applicable rules of procedure, was received. The issues in the this case involved Complainant’s allegation that Respondent (1) had committed a wrongful or fraudulent act in violation of A.R.S. §32-1154(A)(7) and (2) had failed to pay monies due and owing to Complainant in violation of A.R.S. §32-1154(A)(11). No evidence was adduced on either issue as neither party appeared. Having failed to appear and produce any evidence on the complaint, Complainant has failed to sustain its burden of proof. CONCLUSIONS OF LAW

1. The Complainant has the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996). A "preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not." Morris K. Udall, Arizona Law of Evidence, §5 (1960). It "is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not." Black's Law Dictionary, 1182 (6th ed. 1990). 2. The Complainant has failed to appear and present evidence supporting its position. Accordingly, Complainant has failed to meet its burden of proving that Respondent violated either A.R.S. §32-1154(A)(7) or A.R.S. §32-1154(A)(11).

RECOMMENDED DECISION Based upon the foregoing, the undersigned recommends to the Director of the registrar of Contractors that the citation and complaint issued in this matter be dismissed. Done this day, January 25, 2001.

______________________________________ Gregory L. Hanchett 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 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826