ALJDEC decisions subject to certification as final

07F-H0427-ROC · Registrar of Contractors · 2008-03-12

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 12, 2008 APPEARANCES: Complainant: Complainant failed to appear either through any authorized representative or counsel. Respondent: Kenneth Donald Thornton, owner and qualifying party, appeared, pro per. Registrar of Contractors: Inspector William Redman 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 Fat, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. This matter convened for hearing via videoconference at the time, date and place set forth in the Registrar of Contractors’ Notice of Hearing dated February 8, 2008. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant did not appear either through any authorized representative or counsel. 2. As is evident by its non-appearance, Complainant presented no evidence at the hearing in support of the allegations set forth in the complaint. 3. Given Complainant’s non-appearance, Respondent’s representative, Ken Thornton, moved to dismiss the 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. 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 any provisions of A.R.S. §32-1154A, as charged in the complaint.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, IT IS RECOMMENDED that the entire CITATION AND COMPLAINT in Case No. H07-0427 be dismissed.[1] Done this day, March 12, 2008.

_______________________ Brian E. Smith Administrative Law Judge

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

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

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