ALJDEC decisions subject to certification as final

09F-1323-ROC · Registrar of Contractors · 2009-06-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 1, 2009 APPEARANCES: None ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ The above-entitled matter came on for hearing on June 1, 2009 pursuant to advance notice duly sent to both parties. At the appointed time of the hearing, neither party appeared. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. Complainant filed a Complaint with the Registrar of Contractors against the Respondent, a licensed contractor. In consideration of that Complaint, the Office of Administrative Hearings set a hearing to afford Complainant an opportunity to substantiate the claims in the Complaint. Although the beginning of the hearing was delayed by approximately 15 minutes to give all parties the opportunity to appear, neither party appeared either in person or by any proper legal representative. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156. 2. The burden of proof at an administrative hearing is generally upon the Complainant. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 (1949). 3. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the requisite burden of proving by a preponderance of relevant, substantial and probative evidence that the Complaint should be sustained. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution of the Complaint by Complainant, it is recommended that the Registrar of Contractors dismiss the Complaint in this matter. If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty days from the date of certification. Done this day, June 10, 2009 OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

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

By ___________________________

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