ALJDEC decisions subject to certification as final

07F-2208-ROC · Registrar of Contractors · 2008-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|T L W CONSTRUCTION INC | | No. 07F-2208-ROC | | | |No. 07F-2208W-ROC | |COMPLAINANT, | |ADMINISTRATIVE LAW JUDGE | | | |DECISION | |-v- | | | | | | | | | | | |License No. 183394, Class L-39 of | | | |MILAM ENTERPRISES INC dba | | | |WESTERN AIR CONDITIONING AND HEATING| | | |(CORP) | | | | | | | |License No. 178329, Class C-39R of | | | |MILAM ENTERPRISES INC dba | | | |WESTERN AIR CONDITIONING AND HEATING| | | |(CORP) | | | | | | | |RESPONDENTS. | | | | | | |

HEARING: September 10, 2008 APPEARANCES: No one appeared for the Complainant. Launy Shinke, Qualifying Party and Lee Milam, President , appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing as scheduled. 2. The Complainant failed to appear and the reason for the non appearance is unknown. 3. The Respondent and a witness on behalf of the Respondent were present.

4. After approximately 15 minutes the hearing record was closed.

Conclusions of Law 1. The Complainant has the burden of proof (Culpepper v. State, 187 Ariz. 431 App. 1996), A.A.C. R2-19-119. 2. Absent any evidence, the allegations in the Citation and Complaint cannot be sustained. Order It Is Ordered the hearing is vacated and the case is remanded to the Registrar of Contractors for disposition in accordance with the applicable law[1].

Done this day, September 10, 2008

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Armando Contreras , Acting Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

----------------------- [1] The decision is effective forty 40 days after signing or forty 40 days after certification if certified by the Director of the Office of Administrative Hearings

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