ALJDEC decisions subject to certification as final

10F-0214-ROC · Registrar of Contractors · 2010-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|DOUGLAS SMITH | | No. 10F-0214-ROC | | | | | |COMPLAINANT | |ADMINISTRATIVE LAW JUDGE | |V. | |DECISION | | | | | |License No. 160816, Class B-05 | | | |BOLDER CANYON POOLS L L C dba | | | |BOULDER CREEK POOLS (LLC) | | | | | | | | | | | |RESPONDENT | | | | | | |

HEARING: May 17, 2010 at 1:00 p.m. APPEARANCES: The Complainant failed to appear. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

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

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

CONCLUSIONS OF LAW

1. The Complainant, 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 shall be dismissed. In the event of certification of this 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 the certification.

Done this day, May 17, 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