ALJDEC decisions subject to certification as final

2010A-308473027-ROC-com · Registrar of Contractors · 2011-12-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 1, 2011, 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 on Compliance Hearing are made: FINDINGS OF FACT 1. No evidence was offered as to whether or not the Respondent has complied with the terms set forth in the Registrar’s Order of April 21, 2011. 2. On April 27, 2011, the Complainant submitted a written Notice of Compliance in this matter to the Registrar of Contractors stating that “all matters and concerns are complete to our satisfaction.” CONCLUSIONS OF LAW 1. The Complainant bears the burden of proof and must establish the Respondent’s statutory violations by a preponderance of the evidence. The Respondent bears the burden to establish affirmative defenses by the same evidentiary standard. A.R.S. § 41-1092.07(G) (2); A.A.C. R2-19- 119(A) and (B) (1), Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

RECOMMENDed order In view of the foregoing, it is recommended that this matter be closed.

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, December 1, 2011.

/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