ALJDEC decisions subject to certification as final

06F-M2407-ROC · Registrar of Contractors · 2007-03-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 28, 2007 APPEARANCES: Complainant: Darrell Wayne Sherwood, member, appeared, pro per. Respondent: Jay Nelson Campbell II, member and qualifying party, appeared, pro per. Registrar of Contractors: Inspector Jack Clark appeared on behalf of the Registrar of Contractors. 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 the Registrar of Contractors’ Notice of Hearing dated February 9, 2007. 2. At the time the hearing was convened but before the presentation of any testimony or other evidence, Darrell Wayne Sherwood (“Sherwood”), on behalf of Complainant, advised the Administrative Law Judge that Complainant did not wish to proceed with and would be presenting no evidence at the hearing in support of the allegations set forth in the instant complaint. 3. Complainant was advised by the Administrative Law Judge that its failure to present any evidence in support of its claims against Respondent would result in a recommended decision and order of dismissal for default in this matter due to Complainant’s failure to prosecute its case. 4. Thereafter, Complainant presented no evidence in support of the allegations against Respondent set forth in its complaint.

CONCLUSIONS OF LAW 1. Complainant, by not submitting any testimony or other evidence at the hearing in support of its complaint against Respondent, failed to sustain the required burden of proving the charges set forth in its 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 complaint.

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. M06-2407 be dismissed. Done this day, March 28, 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 ______________________ -----------------------

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