ALJDEC decisions subject to certification as final

08F-T1186-ROC · Registrar of Contractors · 2009-04-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2009; 9:00 a.m. APPEARANCES: Complainant Frances Residential Care Home failed to appear. Respondent M C Fire Protection, LLC was represented by Mr. Michael Cutler, Managing Member. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was called in the Office of Administrative Hearings. Based on the agency record and avowals made at the hearing, 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 Thursday, April 2, 2009, at 9:00 a.m. Respondent appeared at the appointed time and place for the hearing. The Administrative Law Judge waited an additional 15 minutes beyond the scheduled time for the hearing for an appearance by the Complainant. Complainant failed to appear. 2. Respondent’s Managing Member, Mr. Michael Cutler, avowed on the record that no settlement between the parties had been achieved. 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 Citation and Complaint T08-1186, together with the Complaint on which it is 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 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, April 8, 2009.

______________________________________ Grant Winston Administrative Law Judge

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

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

By ___________________________

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