ALJDEC decisions subject to certification as final

2010A-4163711-ROC · Registrar of Contractors · 2010-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 14, 2010

APPEARANCES: Complainant failed to appear; Al LeCoco, President and Qualifying Party, appeared for Respondent.[1]

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________ FINDINGS OF FACT Complainant failed to appear. Respondent’s representative informed the Administrative Law Judge that there was no settlement by the parties. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint.[2] Therefore, the complaint should be dismissed. RECOMMENDED DECISION Based on the foregoing, it is recommended that this complaint 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 Decision will be the date of that certification.

Done this day, December 20, 2010.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Respondent’s representative signed in for the 8:00 a.m. hearing at 7:30 a.m. At approximately 8:20 a.m., Complainant had not arrived and had not contacted the tribunal. Respondent was released at that time. At approximately 8:25 a.m. Complainant arrived, but Respondent had left the premises. Therefore, Complainant failed to timely appear and failed to notify the tribunal that he was on his way. If Complainant has good cause for his failure to timely appear, he may file a motion for rehearing. [2] Arizona Administrative Code (A.A.C.) R2-19-119.

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