ALJDEC decisions subject to certification as final

2010A-16039539-ROC · Registrar of Contractors · 2010-05-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 20, 2010 APPEARANCES: No one appeared for the Complainant. Ernest Shaver, Esq. appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing as scheduled. 2. The Complainant failed to appear and the reason for the non appearance is unknown. 3. The Respondent was present and prepared to proceed. 4. After a wait of 20 minutes the hearing record closed. Conclusions of Law 1. The Complainant has the burden of proof (Culpepper v. State, 187 Ariz. 431 App. 1996), A.A.C. R2-19-119. 2. Absent any evidence, the allegations in the Citation and Complaint cannot be sustained.

Recommended Order Based on the foregoing, the Administrative Law Judge makes the following Recommended Order: On the effective date of the Order entered in this matter the Citation and Complaint shall be Dismissed. In the event of certification of the 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 that certification.

Done this day, May 20, 2010.

/s/ Allen Reed 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