ALJDEC

01F-M1324-ROC · Registrar of Contractors · 2002-02-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 20, 2002 APPEARANCES: No one appeared on behalf of the Complainant Ray Bornert, President, appeared on behalf of the Respondent 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 Complainant failed to appear and no good cause is known for the non- appearance. 3. The Respondent was present and prepared to proceed with the hearing. Conclusions of Law The allegations in the Citation and Complaint concern A.R.S. §32- 1154(A)(2), departure from plans and specifications; A.R.S. §32- 1154(A)(3)/A.A.C.R4-9-108, workmanship; A.R.S. §32-1154(A)(7), a wrongful act; A.R.S. §32-1154(A)(17), contracting beyond the scope of the license; and A.R.S. §32-1154(A)(23), failure to take appropriate remedial action. 1. The Complainant has the burden of proof in and administrative hearing, Culpepper v. Arizona, 187 Ariz. 431 (App. 1996)/A.A.C. R2-19-119. 2. The Complainant did not appear for the hearing and there was no evidence in support of the violations that were alleged. 3. Absent any evidence, the burden of proof cannot be met. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it was based be dismissed.

Done this day, February 20, 2002

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, 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