ALJDEC decisions subject to certification as final

09F-T0231-ROC · Registrar of Contractors · 2009-10-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 14, 2009; 8:00 a.m. APPEARANCES: Complainant Mr. David M. Goodman failed to appear. Respondent Arico Plumbing Inc. was represented by its manager Mr. Tom Williamson. ADMINISTRATIVE LAW JUDGE: Grant Winston 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 Wednesday, October 14, 2009, at 8:00 a.m. Respondent appeared at the appointed time and place for the hearing. Complainant failed to appear. 2. Complainant, in failing to appear, failed to present any evidence in support of his 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 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 T09-0231, 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 the Administrative Law judge’s Decision and Order by the Director of the Office of Administrative Hearings, the effective date of the Order shall be 40 days after the date of that certification. Done this day, October 14, 2009.

______________________________________ Grant Winston 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 ___________________________ -----------------------

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