ALJDEC decisions subject to certification as final

08F-M0253-ROC · Registrar of Contractors · 2008-05-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 19, 2008 APPEARANCES: Complainants failed to appear and Respondent was represented by its attorney, Joe Dylo. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. At the outset of the scheduled hearing, Respondent made a motion to dismiss, based on Complainant’s failure to appear and present any evidence at the hearing in support of the allegations set forth in the Complaint filed herein.[1]

CONCLUSIONS OF LAW

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. M08-0253/M08-0253W), 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, May 19, 2008

______________________________________ Mark A. Silver Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

----------------------- [1] Complainant had filed a very belated notice of withdrawal and request to vacate, which was not received by the Office of Administrative Hearings until after the close of business on the business day immediately preceding the date of the scheduled hearing. Thus, no ruling was issued on the request to vacate, leaving the parties on notice that the matter would proceed to hearing.

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