ALJDEC decisions subject to certification as final

08F-L0019-ROC · Registrar of Contractors · 2008-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS |DAVID BORGES CONSTRUCTION, | | No. 08F-L0019-ROC | |COMPLAINANT, | | | |-v- | |ADMINISTRATIVE | |License No. 198645, Class K-34, | |LAW JUDGE DECISION | |I T INDUSTRIAL PAINTING INC. (CORP),| | | |RESPONDENT. | | | | | | |

HEARING: June 5, 2008 at 1:30 p.m. APPEARANCES: The Complainant failed to appear. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The Complainant failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein. CONCLUSIONS OF LAW 1. The Complainant, by the aforementioned default in appearance at the hearing for this matter, failed to sustain the required burden of proving the charges set forth in the Complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the credible evidence of record does not support any findings that the Respondent has violated the charged provisions of A.R.S. Section 32-1154(A). RECOMMENDed order In view of the foregoing, it is recommended this matter be dismissed. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the order will be 40 days from the date of the certification. Done this day, June 5, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this Day of June, 2008, to:

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________

-----------------------

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com