ALJDEC decisions subject to certification as final

09F-3121-ROC · Registrar of Contractors · 2009-09-24

STATE OF ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24, 2009

APPEARANCES: No one appeared on behalf of Complainant; Respondent was represented by partner Robert Southerland.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled for 9:00 a.m. on September 24, 2009. As noted above, Complainant did not appear at the appointed time and place. Respondent was present and ready to defend. ROC Inspector Mark Alyea was also present. This tribunal waited until 9:15 a.m. to see if Complainant would appear, but he did not. Because Complainant failed to appear and prosecute the claim, the record contains no evidence supporting the complaint. The burden of proof at an administrative hearing is generally upon the party asserting a claim, right, or entitlement.[1] Further, the standard of proof is “preponderance of the evidence,” meaning evidence showing that a particular fact is “more probable than not.”[2] Therefore, Complainant bears the burden of showing, by a preponderance of the evidence, that Respondent has violated the statutes cited in the Citation and Complaint. Complainant has not met that burden. By failing to appear and present evidence, Complainant has failed to show violation of the statutes cited in the Citation and Complaint. Considering the foregoing, IT IS RECOMMENDED that complaint 09-3121 against Futura Stone 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 will be 40 days from the date of that certification.

Done this 24th day of September 2009.

Office of Administrative Hearings

__________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of September 2009, to:

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

By ___________________________ ----------------------- [1] Arizona Administrative Code (A.A.C.) R2-19-119(B). [2] Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996); In the Matter of the Appeal in Maricopa County Juvenile Action No. J- 84984, 138 Ariz. 282, 283, 674 P.2d 836, 837 (1983).

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