ALJDEC decisions subject to certification as final

07F-G0319W-ROC · Registrar of Contractors · 2007-10-29

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 29, 2007 APPEARANCES: Complainant: Andrew W. Greene appeared, pro per. Respondent: Sat Purkha Singh Khalsa, corporate officer and qualifying party, appeared and was represented by counsel, John O’Connor. Registrar of Contractors: Jim Hennessey appeared on behalf of the Registrar of Contractors. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ 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 the Registrar of Contractors’ Notice of Hearing dated September 25, 2007. 2. Prior to the presentation of any testimony or evidence the parties together with Respondent counsel and Inspector Hennessey engaged in extensive settlement discussions both under the direction and outside the presence of the Administrative Law Judge. Such discussions proved unsuccessful and the matter convened for a hearing on the merits. However, prior to presenting any evidence, Complainant advised the tribunal that he did not wish to proceed with and would be presenting no evidence at the hearing in support of the allegations set forth in the complaint. 3. Complainant was advised by the Administrative Law Judge that his failure to present any evidence in support of his claims against Respondent would result in a recommended decision and order of dismissal for default in this matter due to Complainant’s failure to prosecute his case. 4. Thereafter, Complainant presented no evidence in support of the allegations against Respondent set forth in his complaint. 5. Counsel for Respondent advised that Respondent had no objection to and independently moved for the dismissal of the matter.

CONCLUSIONS OF LAW 1. Complainant, by not submitting any testimony or other evidence at the hearing in support of its complaint against Respondent, failed to sustain the required burden of proving the charges set forth in its 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 complaint.

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 Nos. G07-0319 and G07-0310W be dismissed. Done this day, October 29, 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 ________________________ -----------------------

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