ALJDEC

01F-S0121-ROC · Registrar of Contractors · 2001-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Tuesday, November 13th, 2001; 10:15 a.m. APPEARANCES: The complainant, Rental Service Corporation, failed to appear. The respondent, Caliber Homes, was present and represented by Ms. Laura Cardinal, attorney-at-law. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________ This matter was heard by the Office of Administrative Hearings, in Sierra Vista, Arizona. The case was noticed to convene at 10:00 a.m. The respondent appeared but the complainant failed to appear. The case was called at 10:15 a.m. FINDINGS OF FACT

1. This matter was duly scheduled for administrative hearing in Sierra Vista, Arizona, for November 13th, 2001, at 10:00 a.m. The respondent appeared at the appointed time, through counsel. The complainant failed to appear. An additional 15 minutes was allowed by the judge before he called the case. 2. Notice of the hearing was duly given both parties. 3. Complainant, in failing to appear, failed to present any evidence in support of the claim against the respondent. 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 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”). 3. Consequently, the record does not support any conclusion that the respondent has violated any provision of A.R.S. 32-1154.A., as set forth in the instant citation and complaint. RECOMMENDED ORDER In view of the foregoing, it is hereby recommended that Citation and Complaint No. S01-0121, together with the complaint on which it is based, be dismissed. Done this day, November 13th, 2001.

______________________________________ Grant Winston 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 ___________________________

-----------------------

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