ALJDEC

01F-M0819-ROC · Registrar of Contractors · 2001-07-05

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing on July 5, 2001 at 9:00 a.m. pursuant to advance notice duly mailed to both parties. Complainant failed to appear, and Respondent appeared through James W. Gifford, one of its members and the entity’s qualifying party. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The start of the scheduled hearing was delayed for approximately twenty minutes so as to afford additional time for Complainant to appear. However, Complainant did not appear through any authorized individual or through any proper legal representative.

2. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A, as charged in the instant Citation.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of proper prosecution of this administrative action by Complainant, it is recommended that the entire Citation and Complaint in Case No. M01-0819 be dismissed.

Dated: July 6, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington Street (6th Floor) Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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