ALJDEC decisions subject to certification as final

07F-M0522-ROC · Registrar of Contractors · 2007-01-25

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 25, 2007 APPEARANCES: Complainant: Complainants failed to appear either personally or by authorized representative or counsel. Respondent: Timothy Michael Nelson, corporate officer and qualifying party, appeared, pro per. 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 came for hearing at the time, date and place set forth in the Registrar of Contractors’ Notice of Hearing dated December 11, 2006. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainants did not appear either personally or through any authorized representative or counsel. 2. As is evident by their non-appearance, Complainants presented no evidence at the hearing in support of the allegations set forth in the complaint. 3. Given Complainants’ non-appearance, Respondent’s representative, Timothy M. Nelson, 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. A.A.C. Rule 9-22- 801 2. Complainants, 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 Complainants, IT IS RECOMMENDED that the entire CITATION AND COMPLAINT in Case No. M07-0522 be dismissed. Done this day, January 25, 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