ALJDEC

01F-G1018-ROC · Registrar of Contractors · 2002-03-05

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|F W F Steel, | | No. 01F-G1018-ROC | | | | | |Complainant, | | | | | | | |-v- | | | | | |RECOMMENDED DECISION | |License No. 073002, Class B-01 of | |OF THE ADMINISTRATIVE | |Mardian Contractors, Inc. (CORP), | |LAW JUDGE | | | | | |Respondent. | | | | | | |

HEARING: March 5, 2002

APPEARANCES: No one appeared on behalf of Complainant; Respondent was represented by Scott Mardian, John Vesely, and Respondent’s attorney Brian Borrelli.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled for 9:00 a.m. on March 5, 2002. As noted above, Complainant did not appear at the appointed time and place. Respondent was present with counsel and ready to defend. This tribunal waited until 9:20 a.m. to see if Complainant would appear, but Complainant 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 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 G01-1018 against Mardian Contractors, Inc. be dismissed.

Done this 5th day of March 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of March 2002, to:

Michael P. Goldwater Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826