ALJDEC decisions subject to certification as final

08F-T0232W-ROC · Registrar of Contractors · 2008-09-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 4th, 2008; 1:30 p.m. APPEARANCES: Complainant, Diablo Sand and Gravel, LLC, failed to appear. Respondent R and K Hauling, LLC, was represented by Mr. Ronald Bales, Qualifying Party. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was called in the Office of Administrative Hearings, Tucson. Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. This matter was duly scheduled and noticed for administrative hearing on September 4th, 2008, at 1:30 p.m. Respondent appeared at the appointed time and place for the hearing. The Administrative Law Judge waited an additional 15 minutes beyond the time for the hearing for an appearance by the Complainant. Complainant failed to appear. 2. Respondent avowed on the record that no settlement had been reached between the parties in this case. 3. Complainant, in failing to appear, failed to present any evidence in support of its claim.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Complainant has brought this Complaint and accordingly must bear the burden of proof. A.A.C. R2-19-119. See: Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 3. Consequently, the within record does not support any conclusion that the Respondent violated any provision of A.R.S. 32-1154.A. as set forth in the instant Citation and Complaint. RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citations and Complaint Nos. T08-0232, together with the Complaints on which they are based, be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days form the date of that certification. Done this day, September 5th, 2008.

______________________________________ Grant Winston Administrative Law Judge

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

Registrar of Contractors Armando Contreras, Acting Director 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________

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