ALJDEC decisions subject to certification as final

07F-2046-ROC · Registrar of Contractors · 2007-11-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 28, 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 _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent’s Class B License No. 216459 as alleged by the Complainant in its March 12, 2007 complaint or the Registrar of Contractors’ July 12, 2007 Citation and Complaint. 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 convened for hearing at the time, date and place set forth in Registrar of Contractors’ Notice of Hearing dated October 26, 2007. Although the start of scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make and appearance, Complainant and Respondent did not appear either by any authorized representative or counsel. 2. As 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 prosecution by Complainant, IT IS RECOMMENDED that the entire CITATION AND COMPLAINT in Case No. 07-2046 be dismissed.[1] Done this day, November 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 ______________________ ----------------------- [1] 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.

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