ALJDEC decisions subject to certification as final

2011A-1462-ROC-rf · Registrar of Contractors · 2012-02-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 16, 2012, at 8:00 a.m. APPEARANCES: The Complainant failed to appear. The Respondent failed to appear. The Registrar of Contractors appeared by and through Assistant Attorney General, Elizabeth Campbell. 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 appear at the hearing and failed present any evidence in support of the Complainant’s claim of eligibility for payment from the Contractors’ Recovery Fund. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing is generally upon the Complainant. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P. 2d 367 (1949). 2. Proof by “preponderance of the evidence” means that it is sufficient to persuade the finder of fact that the proposition is “more likely true than not.” In re Arnold and Baker Farms, 177 B.R. 648, 654 (9th Cir. BAP (Ariz.) 1994). 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 (rev. 6th ed. 1990). 3. Complainant failed to sustain his burden of proof to establish eligibility pursuant to A.R.S. § 32-1131.3. RECOMMENDed order In view of the foregoing, it is recommended that this matter 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, February 16, 2012.

/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