ALJDEC

01F-2420-ROC · Registrar of Contractors · 2001-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 3, 2001. APPEARANCES: Neither Complainant nor Respondent appeared at the hearing. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT This matter was called for hearing on October 3, 2001 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. Neither Complainant nor Respondent nor any representative for either party appeared. Due to Complainant’s failure to appear, no evidence was presented in support of its complaint. CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). By failing to appear and present evidence, Complainant failed to sustain its burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent violated any statute or regulation. Consequently, the record does not contain a finding in support of the complaint. RECOMMENDED ORDER IT IS RECOMMENDED that the Director of the Registrar of Contractors dismiss the instant citation and complaint based upon Complainant’s failure to appear and present evidence in support of its complainant. Done this day, October 3, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826