ALJDEC decisions subject to certification as final

04F-M1518-ROC · Registrar of Contractors · 2004-10-21

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 21, 2004 APPEARANCES: Complainant: Complainant failed to appear either by authorized representative or counsel. Respondent: Respondent failed to appear either by authorized representative or counsel. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent’s Class KB-01 contractor’s License No. 141824 as alleged by Complainant in its April 20, 2004 complaint and the Registrar of Contractors’ May 21, 204 Citation and Complaint. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. This matter came for hearing at the time, date and place set forth in the Registrar of Contractors’ Notice of Hearing dated July 14, 2004. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, neither party appeared either individually or through any properly authorized or legal representative. 2. As is evident by its non-appearance, Complainant presented no evidence at the hearing in support of the allegations set forth in its complaint.

CONCLUSIONS OF LAW 1. Upon the failure of a party to appear at a hearing, the Administrative Law Judge may issue a default decision. Rule R9-22-801(H). 2. 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 reliable, 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 the entire Citation and Complaint in Case No. M04-1518 be dismissed. Done this day, October 21, 2004 ____________________________ Brian E. Smith 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 _______________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826