ALJDEC

01F-F0215-ROC · Registrar of Contractors · 2001-12-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|A J Adams dba Combustion Dynamics, | | No. 01F-F0215-ROC | | | | | |Complainant, | | | |-v- | | | | | |RECOMMENDED DECISION | |License No. 162191, Class B-02 of | |OF THE ADMINISTRATIVE | |Kent Robert Backus dba | |LAW JUDGE | |B Bar W Development (Indiv), | | | | | | | |Respondent. | | | | | | |

HEARING: December 13, 2001

APPEARANCES: No one appeared on behalf of Complainant; Respondent was represented by attorney Scott Miskiel and Owner and Qualifying Party Bob Backus.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled for 8:30 a.m. on December 13, 2001, in Flagstaff, Arizona. As noted above, Complainant did not appear at the appointed time and place. Respondent was present and ready to defend. This tribunal waited until 8:50 a.m. to see if Complainant would appear, but he did not. Because Complainant failed to appear and prosecute the claim, the record contains no evidence supporting the complaint. The burden of proof at an administrative hearing is generally upon the person who brings the action. Utah Construction Company v. Berg et al, Ariz. 285, 205 P.2d 367 (1949); Arizona Administrative Code (A.A.C.), OAH Rule R2-19-119(B). Further, the standard of proof at hearing is by a preponderance of the evidence. Smith v. Arizona Dept. of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985); A.A.C. R2-19-119(A). Therefore, Complainant bears the burden of showing, by a preponderance of the evidence, that Respondent has violated the statutes cited in the Citation and Complaint. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). Complainant has not met that burden. By failing to appear and present evidence, Complainant has not shown a violation of any statutes cited in the Citation and Complaint. Considering the foregoing, IT IS RECOMMENDED that complaint F01-0215 against Kent Robert Backus dba B Bar W Development be closed.

Done this 13th day of December 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of December 2001, to:

Michael P. Goldwater ATTN: Joyce Armijo Registrar of Contractors 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