ALJDEC decisions subject to certification as final

07F-0194-ROC · Registrar of Contractors · 2007-07-23

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 23, 2007.

APPEARANCES: >The Complainant failed to appear. >The Respondent was represented by its attorney, Joseph P. McGurk, Esq.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

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. The instant hearing was duly scheduled on advance written notice duly sent to both parties. Although the start of the scheduled hearing was delayed for over twenty minutes to afford added time in which to make an appearance, the Complainant failed to appear either individually or through any proper legal representative.

2. Complainant, by her failure to attend the scheduled hearing, did not present any evidence at the hearing in support of the allegations set forth in the filed complaint in this administrative action.

3. Respondent was present through legal counsel and prepared to participate in the evidentiary hearing through the testimony of several witnesses who were also present. Respondent moved to dismiss the within Citation and Complaint based upon the default in appearance by Complainant. Such motion was unopposed.

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 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, and a granting of Respondent’s motion to dismiss this matter appeared to be appropriate and fully warranted under all the circumstances.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of proper prosecution by Complainant, it is recommended that the Respondent’s motion to dismiss be granted and that the entire Citation and Complaint in Cases Numbered 07-0194 and 07-0194W 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 will be forty (40) days from the date of that certification.

Dated: July 24, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

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