ALJDEC decisions subject to certification as final

07F-G0270-ROC · Registrar of Contractors · 2007-02-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2007.

APPEARANCES: >The Complainants failed to appear. >The Respondent appeared through its CEO, Lynn Paige and its President, John Balfour.

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 thirty minutes to afford added time in which to make an appearance, the Complainants failed to appear either individually or through any proper, authorized legal representative.

2. Complainants did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

3. Respondent was present and prepared to participate in the evidentiary hearing, but in light of Complainants’ absence, elected not to present any testimony.

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.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of proper prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case Number G07-0270 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: February 16, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

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