ALJDEC

01F-M1322-ROC · Registrar of Contractors · 2001-11-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 27, 2001. APPEARANCES: Complainant did not appear. Respondent appeared through its owner and qualifying party, Steve McCaslin. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Pursuant to the Notice of Hearing issued by the Registrar of Contractors and sent to the parties, the hearing in this matter was scheduled to convene on November 27, 2001 at 9:00 a.m. The commencement of the hearing was delayed for 15 minutes to allow for the late arrival of the Complainant or an attorney authorized to represent him. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Complainant failed to present any evidence at the hearing in support of his complaint against Respondent filed with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. Complainant had the burden of proving by a preponderance of the evidence the allegations that Respondent violated the provisions of the State’s contracting laws contained in the Citation and Complaint. 2. By his default in appearance at the hearing, Complainant failed to sustain his burden of proving the allegations contained in the Citation and Complaint. 3. The evidence of record supports the dismissal of the Citation and Complaint.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed. Done this day, November 27, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater, Director 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