ALJDEC decisions subject to certification as final

07F-L0248-ROC · Registrar of Contractors · 2007-09-17

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 17, 2007 APPEARANCES: Complainant: Complainant failed to appear by either authorized representative or counsel. Respondent: Respondent failed to appear by either 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. 206186 as alleged by Complainant in its November 21, 2006 complaint or the Registrar of Contractors’ April 13, 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 the Registrar of Contractors’ Notice of Hearing dated August 13, 2007. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant and Respondent did not appear either through authorized representative or counsel.[1] 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.

CONCLUSIONS OF LAW 1. Upon the failure of a party to appear at a hearing, the Administrative Law Judge may issue a default judgment. 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 lack of prosecution by Complainant, IT IS RECOMMENDED that the entire CITATION AND COMPLAINT in Case No. L07-0248 be dismissed. Done this day, September 17, 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] It should be noted that Robert Gaffney, corporate officer and qualifying party for Complainant, appeared on behalf of Complainant at the hearing in docket number 07F-L0249-ROC on September 17, 2007 at 8:15 a.m. During the presentation of evidence in that matter at which hearing Respondent also failed to appear, Mr. Gaffney advised the undersigned that Complainant wished to withdraw its complaint in the instant matter and pursue a civil cause of action it had initiated.

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