ALJDEC decisions subject to certification as final

08F-M0525-ROC · Registrar of Contractors · 2009-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 31, 2008 APPEARANCES: Both Complainant and Respondent failed to appear. 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 had filed a belated request to continue the scheduled hearing.[1] Complainant’s motion was duly denied. Complainant then filed a motion to reconsider the denial of his motion to continue. The motion to reconsider was also duly denied and Complainant was notified of said denial. Notwithstanding the denial of his request to continue the scheduled hearing Complainant, as aforementioned, failed to appear for the scheduled hearing.

2. 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. M08-0525), 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, January 6, 2009.

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

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

By ___________________________

----------------------- [1] The notice of hearing in this matter was mailed out on November 26, 2008. The notice of hearing advised the parties that all requests to continue must be filed with the assigned Administrative Law Judge. The Office of Administrative Hearings did not receive Complainant’s motion until December 26, 2008 (a mere three (3) business days before the scheduled hearing date).

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