ALJDEC decisions subject to certification as final

04F-T1248-ROC · Registrar of Contractors · 2005-02-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 17th, 2005; 9:00 a.m. APPEARANCES: Complainant, Central Arizona Block, failed to appear. Respondent, Farwest Pump Company, was represented by Mr. Karl MacOmber, 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 Thursday, February 17th, 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 both parties. 3. Complainant, in failing to appear, failed to present any evidence in support of this 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 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 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. T04-1248, 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 appearing on the Registrar’s certificate of service on the order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the order shall be 40 days from the date of that certification. Done this day, February 24th, 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 ___________________________ -----------------------

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