ALJDEC

01F-M0253-ROC · Registrar of Contractors · 2001-03-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|THE CARPET BROKER, | | No. 01F-M0253-ROC | | | |RECOMMENDED DECISION | |Complainant, | |OF ADMINISTRATIVE | | | |LAW JUDGE | |-v- | | | | | | | |License No. 131497 Class C-48 of | | | | | | | |D I V A INTERIOR DESIGNS, INC., | | | |(CORP), | | | | | | | |Respondent. | | | | | | |

HEARING: March 1, 2001 APPEARANCES: The Complainant failed to appear The Respondent was represented by its Vice President, Vita Distabile ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing at the time, date and place set forth in the Notice of Hearing. 2. The Respondent was present and prepared to proceed. 3. The Complainant failed to appear with no reason presented for the non- appearance. 4. No evidence was presented on the allegations raised in the Citation and Complaint. Conclusions of Law 1. The Complainant has the burden of going forward with the proof of the allegations in the complaint. 2. The evidentiary standard in an administrative proceeding is by a preponderance of the evidence, Culpepper V. State, 187 Ariz 431 (1996 App). 3. The Complainant failed to appear and no evidence was presented on the issues to be determined. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it is based be dismissed

Done this day, March 1, 2001

______________________________________ Allen Reed 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