ALJDEC decisions subject to certification as final

10F-DI-183-REL · Department of Real Estate · 2010-05-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 30, 2010 APPEARANCES: The Arizona Department of Real Estate did not appear at the hearing; Gary Thompson did not appear at the hearing. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Neither the Arizona Department of Real Estate (“Department”) nor Gary Thompson appeared at the instant disciplinary hearing. Consequently, no evidence was presented. CONCLUSIONS OF LAW 1. The Department has the burden of proof and the standard of proof on all issues is by a preponderance of the evidence. See A.R.S. § 41- 1092.07(G) and A.A.C. R2-19-119. 2. A “preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence ( 5 (1960). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). 3. The failure of the Department to present any evidence in support of this disciplinary matter warrants dismissal of this matter.

ORDER In light of the above, this matter is dismissed.

Done this day, May 12, 2010.

/s/ Lewis D. Kowal Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate

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