ALJDEC decisions subject to certification as final

09F-S0210-ROC · Registrar of Contractors · 2010-01-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ROBERT & JOCELYN MARTIN | | No. 09F-S0210-ROC | | | | | |COMPLAINANT | |ADMINISTRATIVE LAW JUDGE | |v. | |DECISION | | | | | |License No. 170481, Class B- | | | |CAPITAL CONSTRUCTION L L C (LLC) | | | | | | | | | | | |RESPONDENT | | | | | | |

HEARING: January 21, 2010 at 8:00 a.m. APPEARANCES: The Complainants failed to appear. The Respondent appeared through its attorney, Brenda Lee Esq. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT

1. The Complainants failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein.

CONCLUSIONS OF LAW 1. The Complainants, 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 and, consequently, the credible evidence of record does not support any findings that the Respondent has violated the charged provisions of A.R.S. Section 32-1154A.

RECOMMENDed order

In view of the foregoing, it is recommended that this matter be dismissed.

Done this day, January 21, 2010.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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