ALJDEC decisions subject to certification as final

04F-S0118-ROC · Registrar of Contractors · 2005-01-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Tuesday, January 11th, 2005; 1:30 p.m. APPEARANCES: Complainant, Mr. Michael B. Jaquish, failed to appear. Respondent. Mr. Kurt Konrad Obermeier, appeared and represented himself. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was called in the Office of Administrative Hearings, Tucson.

FINDINGS OF FACT 1. This matter was duly scheduled and noticed for administrative hearing in Sierra Vista, Arizona, for Tuesday, January 11th, 2005, at 1:30 p.m. Respondent appeared at the appointed time and place for the hearing. The Administrative Law Judge waited 15 minutes beyond the scheduled time for the hearing for an appearance by the Complainant. Complainant failed to appear. 2. Notice of the hearing date, time and place was given both parties.

3. Complainant, in failing to appear, failed to present any evidence in support of his claim.

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. Complainant has brought this complaint and accordingly must bear the burden of proof. A.A.C. R2-19-119. The standard of proof is the preponderance of the evidence. See: Culpepper v. State, 187 Ariz., 431, 930 P.2d 508, (Ct. App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d. 756 (App. 1985). 3. Consequently, the within record does not support any conclusions that the Respondent violated any provision 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 No. S04-0118, together with the complaint on which it is based, be dismissed. Done this day, January 18th, 2005.

______________________________________ Grant Winston Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2005, 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