ALJDEC decisions subject to certification as final

03F-P0202-ROC · Registrar of Contractors · 2003-10-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 6, 2003 APPEARANCES: Neither Complainant nor Respondent appeared. ADMINISTRATIVE LAW JUDGE: Michael L. Barth _____________________________________________________________________ findings of fact 1. The hearing of the above-captioned matter convened on October 6, 2003. 2. Although having been provided notice of the hearing in accordance with applicable law, neither Complainant nor Respondent appeared. 3. As Complainant failed to appear and prosecute its claim, the record is devoid of evidence supporting the Citation and Complaint. CONCLUSIONS OF LAW 1. The burden of proof generally at an administrative hearing falls to the party asserting a claim, right or entitlement or seeking to impose a penalty. A.A.C. R2-19-119(B). Further, the standard of proof is that of the “preponderance of the evidence.” A.A.C. R2-19-119(A). This standard is not met unless the evidence is sufficient to persuade the finder of fact that the proposition is “more likely true than not.” In re Arnold and Baker Farms, 177 Bankr. 648, 654 (Bankr. 9th Cir. 1994). Accordingly, the evidence taken as a whole must convince the decision maker that the party who bears the overall burden of persuasion, in this case the Complainant, is more probably correct on the issue(s) in dispute. 2. Observing the aforementioned standards, Complainant has failed to carry its burden of demonstrating, by a preponderance of the evidence, that Complainant has violated any applicable regulation, statute or law. RECOMMENDED ORDER Based upon the foregoing, IT IS RECOMMENDED that Case No. P03-0202 be dismissed.

Done this day, October 20, 2003

______________________________________ Michael L. Barth Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2003, to:

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 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