ALJDEC decisions subject to certification as final

06F-M2371-ROC · Registrar of Contractors · 2006-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 4, 2006 APPEARANCES: Complainant failed to appear and Respondent appeared through its member and qualifying party, Velimir Veselinovic. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. On November 29, 2006 (three business days before the date of the scheduled hearing) the Office of Administrative Hearings received a motion from Complainant, requesting that he be allowed to appear via telephone at the scheduled hearing. The motion failed to state any basis for the request and moreover, the motion was not filed in accordance with A.A.C. R2- 19-106(C) and A.A.C. R2-19-105(3). Based on these factors, a Minute Entry was issued on November 30, 2006, which indicated that the motion was being returned to Complainant “as being an ex parte communication” and “even if the motion was not an ex parte communication, it would have been denied, since it was not timely filed with this office.” In light of the fact that Complainant never received any communication from this Tribunal, indicating that a telephonic appearance had been granted, the proper assumption was that he needed to appear for the hearing in person, if he wished to pursue his Complaint.

2. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. 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 relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant , it is recommended that this citation (M06-2371), together with the Complaint upon which it is based, be dismissed. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

Done this day, December 4, 2006

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2006, to:

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

By ___________________________

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