ALJDEC decisions subject to certification as final

06F-T1197-ROC-COM · Registrar of Contractors · 2009-03-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JERRY AND MATASHA RIDDLE, | | No. 06F-T1197-ROC-COM | |COMPLAINANTS, | | | |-v- | |ADMINISTRATIVE | |License No. 174026, Class C-48 | |LAW JUDGE DECISION | |EMERY TILE INC. (CORP), | | | |RESPONDENT. | | | | | | |

HEARING: March 17, 2009, at 9:00 a.m. APPEARANCES: The Complainants failed to appear. The Respondent appeared failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT The Complainants failed to present any evidence at the hearing in support of the allegations set forth in the Complaint and request for compliance hearing herein.

CONCLUSIONS OF LAW The Complainants, by the aforementioned default in appearance at the hearing for this matter, failed to sustain the required burden of proving the charges set forth in their Complaint and request for compliance hearing by a preponderance of relevant, substantial and probative evidence. Consequently, the credible evidence of record does not support any findings that the Respondent has failed to comply with the terms and conditions of the prior Order of the Registrar.

RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended that this matter be closed. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification. Done this day, March 17, 2009.

______________________________________ M. Douglas Administrative Law Judge Original transmitted by mail this ____ Day of ____________, 2009, to:

William A. Mundell Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com