ALJDEC decisions subject to certification as final

04F-2011-ROC · Registrar of Contractors · 2004-09-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 24, 2004 APPEARANCES: Ross Equipment Rental and Sales (“Complainant”) failed to appear. Mike Reynolds, Member of Arrowhead Fire Protection, L.L.C. (“Respondent”), appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Michael L. Barth _____________________________________________________________________ findings of fact 1. The purpose of the hearing was to determine whether Respondent violated A.R.S. § 32-1154(A)(7) and/or (11). 2. Although having been given notice as required by applicable law, Complainant failed to appear for the hearing. 3. As Complainant failed to appear and prosecute its claim, the record is devoid of evidence supporting the 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). The evidence taken as a whole must convince the decision maker that the party who bears the burden, in this case the Complainant, is more probably correct on the issue(s) in dispute. 2. Observing the aforementioned standard, Complainant has failed to meet its burden of proof as the record is devoid of evidence demonstrating that Respondent has violated any of the statutes cited in the Citation and Complaint. RECOMMENDED ORDER Based upon the foregoing findings and conclusions, IT IS RECOMMENDED that Case No. 04-2011 be dismissed.

Done this day, September 13, 2004

______________________________________ Michael L. Barth Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2004, 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