ALJDEC decisions subject to certification as final

06F-F0219-ROC · Registrar of Contractors · 2007-04-09

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 9, 2007 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 _____________________________________________________________________ Based on 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 this tribunal’s Order Granting Continuance dated January 30, 2007. Although the start of the hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant and Respondent did not appear either by authorized representative or counsel.[1] 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. A.A.C. Rule 9-22- 801. 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. F06-0219 be dismissed. Done this day, April 9, 2007.

________________________ Brian E. Smith Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Registrar of Contractors Fidelis V. Garcia Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ ----------------------- [1] It must be noted that on March 30, 2007, the Office of Administrative Hearings received via facsimile a correspondence from Dan J. Savage of Respondent wherein was requested a two week continuance of the hearing in order for the parties to act upon a “proposed settlement.” On April 2, 2007, this tribunal issued its Order Denying Continuance wherein it was set forth that the hearing would proceed as scheduled on April 9, 2007. Subsequently, on April 5, 2007Respondent filed with this tribunal a correspondence wherein were reflected Respondent’s intentions to replace “failed sashes in the Neishibori’s [sic] kitchen” on April 4, 2007. The latter document contained a signature line for Mr. Savage which was blank and undated. As of the date of hearing, the Administrative Law Judge had received no additional information as to whether the above-referenced settlement agreement had been consummated.

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