ALJDEC decisions subject to certification as final

08F-G0268-ROC · Registrar of Contractors · 2008-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 11, 2008 APPEARANCES: Complainant failed to appear[1] and Respondent appeared through its member, Gary Gascoyne. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ 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. Complainant did not present any evidence at the hearing in support of the allegations set forth in the Complaint herein. CONCLUSIONS OF LAW

1. 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 relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this Citation (no. G08-0268), together with the Complaint upon which it is based, 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 in this matter will be forty (40) days from the date of that certification. Done this day, December 11, 2008

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

----------------------- [1] A review of the file in this matter shows that Complainant had filed a motion to continue the original hearing date of August 6, 2008. The motion was granted and an Order was sent out on August 5, 2008, advising the parties of the new hearing date. The mailing portion of said document shows that it was sent to Complainant’s address of record and there is nothing in the record to show that the mailing was returned to the Office of Administrative Hearings. In addition, there is a phone entry record on the Office of Administrative Hearings docket system showing that Complainant called this office on August 6, 2008, inquiring whether or not his motion to continue was granted, and he was advised that the motion had been granted and an Order was going out on that same day, advising of the new time and date.

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