ALJDEC decisions subject to certification as final

04F-L0124-ROC · Registrar of Contractors · 2004-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Tuesday, June 22nd, 2004; 9:00 a.m. APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ This matter was convened for hearing by the Office of Administrative Hearings, in Lake Havasu City, Arizona. The case was noticed to convene as above indicated. Neither party appeared.

FINDINGS OF FACT 1. This matter was duly scheduled for administrative hearing in Lake Havasu City, Arizona, for Tuesday, June 22nd, 2004, at 9:00 a.m. 2. At the call of the case neither party was present. Complainant’s brother, Mr. Frank Scribbick, was present and advised the Administrative Law Judge that his brother the Complainant passed away last December. No motion for substitution of parties had been made to and granted by the Registrar of Contractors, nor had any been made to the OAH.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S 32-1156, and A.R.S. 41-1092. 2. The Complainants in these cases have the burden of proof. A.A.C. R2-19-119. Complainant, being deceased, was unable to present any evidence in his behalf. 3. Consequently, the within record does not support any conclusion that Respondent has violated any of the provisions of A.R.S. 32- 1154.A. as set forth in the instant Citation and Complaint.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint number L04-0124, together with the complaint on which it is based, be dismissed, on the effective date of this order (40 days after the date of service shown by the Registrar’s certification on the order). In the event of certification of the Administrative Law Judge Decision and Order by the Director of the Office of Administrative Hearings, the effective date of the order will be days from the date of that certification. Done this day, June 30th, 2004.

______________________________________ Grant Winston Administrative Law Judge

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

Registrar of Contractors Israel G. Torres ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488