ALJDEC

01F-1419-ROC · Registrar of Contractors · 2002-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On January 11, 2002, at 9:00 a.m., a hearing was held to determine if the Respondent had violated provisions of A.R.S. §32-1154(A). Attorney Jeffrey Hernandez represented the Respondent. The Complainant failed to appear. Based upon a review of the entire record, the undersigned Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order.

FINDINGS OF FACT 1. The Complainant failed to appear for the hearing scheduled on January 11, 2002, at 9:00 a.m. at the Office of Administrative Hearings, located at 1400 West Washington Street, Suite 101, Phoenix, Arizona.

2. Mr. Hernandez requested that this matter be dismissed because the Complainant failed to appear and present any evidence supporting her position.

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 failed to appear and present evidence supporting her position. The Complainant failed to meet her burden of proving that the Respondent violated provisions of A.R.S. §32-1154(A). Accordingly, the undersigned Administrative Law Judge concludes that grounds do not exist to discipline the Respondent’s license pursuant to A.R.S. §32-1154(A)(1),(3) & (7).

RECOMMENDED ORDER Based upon the foregoing, the undersigned Administrative Law Judge recommends that the entire Citation and Complaint in Case Number 01-1419 be dismissed.

Done this day, January 14, 2002.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of January, 2002, 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