ALJDEC decisions subject to certification as final

08F-P0264-ROC · Registrar of Contractors · 2009-03-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 26, 2009, at 1:30 p.m. APPEARANCES: The Complainant failed to appear. The Respondent appeared through its authorized representative, Michael Mancini. 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, February 26, 2009.

______________________________________ M. Douglas Administrative Law Judge

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

Registrar of Contractors William A. Mundell Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________ -----------------------

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