ALJDEC decisions subject to certification as final

07F-S0224-ROC · Registrar of Contractors · 2008-04-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15th, 2008; 9:00 a.m. APPEARANCES: Complainant, ITC Homes, Inc., failed to appear. Respondent, Vidal Construction, LLC, was represented by Mr. Antonio Vidal, Qualifying Party. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson. 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 was scheduled and noticed for administrative hearing in Tucson, Arizona, for Tuesday, April 15th, 2008, at 9:00 a.m. Respondent appeared at the appointed time and place for the hearing. The Administrative Law Judge waited 15 minutes beyond the scheduled time for the hearing to convene for an appearance by the Complainant. Complainant did not appear. 2. Notice of the hearing date, time and place was given both parties. 3. Complainant, in failing to appear, failed to present any evidence in support of its claim. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156 and A.R.S. 41-1092. 2. Complainant has brought this Complaint and accordingly must bear the burden of proof. A.A.C. R2-19-119. The standard of proof is the preponderance of the evidence. See: Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (Ct. App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 3. Consequently, the within record does not support any conclusion that the Respondent violated any provision of A.R.S. 32-1154.A. as set forth in the instant Citation and Complaint. RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint S07-0224, together with the Complaint on which it is based, be dismissed on the effective date of his Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, April 18th, 2008. ______________________________________ Grant Winston 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 ___________________________

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Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 www.azoah.com