ALJDEC decisions subject to certification as final

09F-T0319-ROC · Registrar of Contractors · 2009-09-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 9, 2009; 8:00 a.m. APPEARANCES: Complainant Ms. Jacquelyn Reed failed to appear. Respondent Mr. Lee Lawrence Fairbanks, doing business as Barrio Design, appeared and was represented by Mr. Evan L. Thompson, Attorney-at Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ Based in 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 to convene for administrative hearing on Wednesday, September 9, 2009, at 8:00 a.m. Respondent and his legal counsel appeared at the appointed time and place for the hearing. Complainant failed to appear. 2. Respondent’s counsel avowed on the record that no settlement agreement had been reached by the parties. 3. Complainant, in failing to appear, failed to present any evidence in support of her 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 Complainant 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 has violated any of the provisions 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 T09-0319, 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, September 9, 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 ___________________________

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