ALJDEC

01F-L0253-ROC · Registrar of Contractors · 2002-01-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|B S N J, Inc., | | Case No.: L01-0253 | | | |Docket No.: 01F-L0253-ROC | |Complainant, | | | | | | | |-v- | | | | | |RECOMMENDED DECISION OF | |License No.101544, Class C-02 of | |ADMINISTRATIVE LAW JUDGE | |Martinie Septic Incorporation | | | |(Corp), | | | | | | | |Respondent. | | | | | | |

HEARING: Monday, January 14th, 2002; 1:45 p.m. APPEARANCES: Both parties failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________ This matter was brought on for administrative hearing at the above date and time. Neither party appeared for the hearing. Based on the administrative record and the parties’ failure to appear, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. The agency record establishes that proper notice of the scheduled administrative hearing of this matter was mailed to both parties. 2. The administrative hearing was scheduled and noticed to convene at 1:30 p.m., Monday, January 14th, 2002, at 1845 McCulloch Boulevard, Suite B-5, Lake Havasu City, Arizona. 3. The administrative law judge waited until 1:45 p.m. before calling the case. 4. At the call of the case neither party was present nor represented. The administrative law judge made a record of the non-appearance of both parties, and adjourned the hearing. 5. Complainant, in failing to appear, failed to present any evidence in support of its complaint. CONCLUSIONS OF LAW 1. This hearing was held under authority of and pursuant to A.R.S. §32- 1156, and A.R.S. §41-1092. 2. The complainant has brought this complaint and accordingly must bear the burden of proving by a preponderance of evidence (more than 50%) that the allegations contained therein are true. A.A.C. R2-19-119. See also: Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (Ct. App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985) (the standard of proof is that of the “preponderance of evidence”).

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Citation and Complaint number L01-0253, together with the complaint on which it is based, be dismissed. Done this day, January 30th, 2002.

________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of January, 2002, to:

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

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488