ALJDEC

02F-S0026-ROC · Registrar of Contractors · 2002-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Dana Marie Baraconi, | | Docket No. 02F-S0026-ROC | | | | | |Complainant, | | | | | | | |-v- | | | | | |RECOMMENDED DECISION | |License No. 120503, Class C-08 of | |OF ADMINISTRATIVE | |Marion Grace Alley and | |LAW JUDGE | |Lance Dale Alley dba | | | |Alley Carpet and Flooring (PTR), | | | | | | | |Respondent. | | | | | | |

HEARING: March 11, 2002; at 1:30 p.m. APPEARANCES: The Respondent appeared through Marion Grace Alley. The Complainant failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein. CONCLUSIONS OF LAW 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 relevant, 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 prosecution by Complainant, it is recommended that Citation No. S02-0026, together with the Complaint upon which it is based, be dismissed. Done this day, March 28, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 2002, to:

Michael P. Goldwater, Director Registrar of Contractors 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