ALJDEC

02F-G0204-ROC · Registrar of Contractors · 2002-03-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|KENNETH NORCINI, | | No. 02F-G0204-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 159820, Class K-36 of| | | |A K A LATH AND STUCCO, INC., | | | |(CORP.) | | | | | | | |Respondent. | | | | | | |

HEARING: February 27, 2002. APPEARANCES: Complainant failed to appear. Respondent was represented by Anthony and Kathryn Glass. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT This matter was set for hearing on February 27, 2002 at 9:00 a.m. Complainant, though having been duly noticed, failed to appear. Respondent was present and ready to proceed. The undersigned delayed the beginning of the hearing until 9:15 a.m., yet Complainant did not appear. Complainant had no communication with the Office of Administrative Hearing which might explain his absence. At 9:15 a.m., the undersigned opened the hearing. Complainant, having failed to appear, did not submit any evidence to support his claim. Having presented no evidence, Complainant failed to carry his burden of proof in this case. CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508

(App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). By failing to appear and present evidence, Complainant failed to sustain his burden of proving any violation in this case. Consequently, the record does not contain a finding in support of the complaint. RECOMMENDED ORDER In light of Complainant’s failure to appear and carry his burden of proof, it is recommended to the Director of the Registrar of Contractors that the entire citation and complaint in this matter be dismissed. Done this day, March 5, 2002.

______________________________________ Gregory L. Hanchett 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