ALJDEC decisions subject to certification as final

05F-T0026-ROC · Registrar of Contractors · 2005-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Wednesday, January 5th, 2005; 9:15 a.m. APPEARANCES: Complainant, Villa Escondido Homeowners’ Association, failed to appear. Respondent, Vasquez Construction Company, Inc., was represented by Mr. Richard Vasquez, Qualifying Party. 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 Tucson, Arizona, for Wednesday, January 5th, 2005, at 9:00 a.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 to convene for an appearance by the Complainant. Complainant did not 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 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. The 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 No. T05-0026, 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 certification 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, January 5th, 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