ALJDEC

01F-2685-ROC · Registrar of Contractors · 2001-12-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 5, 2001. APPEARANCES: Complainant failed to appear. Respondent was represented by Denise Henslee, Esq. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT This matter was set for hearing at 9:00 a.m. , December 5, 2001 at the Office of Administrative Hearings. The purpose of the hearing was to consider Complainant’s allegation of Respondent’s failure to pay monies in excess of $750.00 when due and owing. Complainant failed to appear, having been duly notified of the rescheduled date and time of the hearing both by written order and orally during a telephonic conference that occurred on November 27, 2001. Complainant, having failed to appear, has failed to carry his burden of proof to prove the alleged violations in this matter 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. RECOMMENDED ORDER IT IS RECOMMENDED that the Director of the Registrar of Contractors dismiss the citation and complaint in this matter due to Complainant’s failure to appear and prosecute its case.. Done this day, December 5, 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