Vacate: Settlement Recommendation

07F-M1973-ROC · Registrar of Contractors · 2008-01-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|NAPLES RESTURANT | | | | | | | |COMPLAINANT, | |No. 07F-M1973-ROC | | | | | |-v- | |ADMINISTRATIVE | | | |LAW JUDGE DECISION | | | | | |License No. 074994, Class L-37, | | | |MARLIN MECHANICAL CORPORATION (CORP)| | | | | | | |RESPONDENT. | | | | | | |

HEARING: January 14, 2008 APPEARANCES: Complainant: Complainant failed to appear either by authorized representative or counsel. Respondent: Bob Deeds, Service Manager, appeared, pro per. ADMINISTRATIVE LAW JUDGE: Brian E. Smith ________________________________________________________________ Based on the entire record, 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 November 27, 2007. 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 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, Bob Deeds, 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. Complainant, by the afore-mentioned 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 provision 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. M07-1973 be dismissed. Done this day, January 14, 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 _______________________ -----------------------

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