ALJDEC decisions subject to certification as final

07F-M1966-ROC · Registrar of Contractors · 2008-05-13

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 13, 2008 at 9:00 a.m.

APPEARANCES: >The Complainants failed to appear. >The Respondent failed to appear.

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 twenty-five minutes to afford added time in which to make an appearance, neither party appeared either individually, through any authorized employee or through any proper legal representative.

2. Complainants, by their failure to attend the scheduled hearing, did not present any evidence at the hearing in support of the allegations set forth in the filed complaint in this administrative action.

CONCLUSIONS OF LAW

1. As a result of the aforementioned default in appearance at the hearing, the Complainants 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 Complainants, it is recommended that the entire Citation and Complaint in Case Number M07-1966 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: May 14, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906 -----------------------

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