ALJDEC decisions subject to certification as final

04F-T0251-ROC · Registrar of Contractors · 2005-02-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Wednesday, February 16th, 2005; 9:00 a.m. APPEARANCES: Complainant, Cadden Community Management, failed to appear. Respondent, Mr. Brian Timothy Heins, was represented by Ms. Bianca Lederer, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson. FINDINGS OF FACT 1. This matter was duly scheduled and noticed for administrative hearing in the Office of Administrative Hearings, Tucson, for Wednesday, February 16th, 2005, at 9:00 a.m. Respondent appeared, through counsel, at the appointed time and place for the hearing. Complainant failed to appear. 2. Notice of the hearing date, time and place, was given to both parties. 3. Complainant, in failing to appear, failed to present any evidence in support of its 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 conclusion 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 T04-0251, together with the complaint on which it is based, be dismissed. Done this day, February 22nd, 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