ALJDEC decisions subject to certification as final

04F-2067-ROC · Registrar of Contractors · 2004-07-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JOSE L. LOPEZ M, | | No. 04F-2067-ROC | | | | | |Complainant, | |ADMINISTRATIVE LAW JUDGE | | | |DECISION | |-v- | | | | | | | |LICENSE NO. 164495, CLASS K-42 | | | |SUPERIOR STATE ROOFING | | | |INC. (CORP), | | | | | | | |Respondent. | | | | | | |

HEARING: July 15, 2004 APPEARANCES: Complainant failed to appear and Respondent appeared through its vice-president, Lisa Palomino. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. 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 and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant , it is recommended that this citation (no. 04-2067), together with the complaint upon which it is based, be dismissed.

Done this day, July 19, 2004

______________________________________ Mark A. Silver 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