ALJDEC

01F-2642-ROC · Registrar of Contractors · 2002-01-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 18, 2002 APPEARANCES: No one appeared for the Complainant No one appeared for the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

The hearing of this matter was scheduled to begin at 9:00 a.m. on January 18, 2002, at the Office of Administrative Hearings, in Phoenix, Arizona. Findings of Fact No one appeared for the Complainant or the Respondent in this case, and no information was received during the course of the majority of the remainder of the day to explain the non-appearance of both parties. Conclusions of Law The allegations in this Citation and Complaint concern A.R.S. §32- 1154(A)(7), a wrongful act with substantial injury, (A)(11), failure to pay for material or services in excess of $750.00, and (A)(18), contracting or submitting a bid when the license is suspended or inactive. In an administrative proceeding, the Complainant has the burden of proof by a preponderance of the evidence (A.A.C. R2-19-119, Culpepper v. State, 187 Ariz. 431 (App. 1996)). The Complainant failed to appear and no evidence was presented. The Complainant’s burden of proof was not met. In light of the above, the absence of the Respondent is of no significance. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it is based be dismissed. Order It is hereby ordered that the case be remanded to the Registrar of Contractors for final disposition.

Done this day, January 18, 2002

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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