ALJDEC

01F-2635-ROC · Registrar of Contractors · 2001-11-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|NEFF RENTAL, | | No. 01F-2635-ROC | | | |RECOMMENDED DECISION | |Complainant, | |OF ADMINISTRATIVE | | | |LAW JUDGE | |-v- | | | | | | | |License No. 135083, Class L-09 | | | |EMMONS CONCRETE INC. | | | |(CORP), | | | | | | | |Respondent. | | | | | | |

HEARING: November 26, 2001 APPEARANCES: Complainant and Respondent both failed to appear for the scheduled hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein. CONCLUSIONS OF LAW

1. Complainant , 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 instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant , it is recommended that this citation, together with the complaint upon which it is based, be dismissed.

Done this day, November 27, 2001

______________________________________ Mark A. Silver 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