ALJDEC decisions subject to certification as final

2011A-2544-ROC · Registrar of Contractors · 2012-05-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 22, 2012, at 8:00 a.m. APPEARANCES: Complainant failed to appear. Respondent appeared through its attorney, James L. Pak. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Complainant failed to appear at the time scheduled for the hearing of this matter. 2. This tribunal and Respondent’s attorney and a witness waited for an additional twenty minutes, but no one appeared on behalf of Complainant. 3. Complainant failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 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). 3. Complainant, by the aforementioned default in appearance at the hearing for this matter, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence and, consequently, the credible evidence of record does not support any findings that Respondent has violated the charged provisions of A.R.S. § 32-1154(A)(13), namely A.R.S. § 32-1158(display of license), A.R.S. § 32-1154(A)(23)(failure to take appropriate corrective action), and A.R.S. § 32-1154(A)(3), namely, A.A.C. R4-9-108 (failure to perform work in a professional and workmanlike manner). RECOMMENDed order In view of the foregoing, it is recommended that this matter shall 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, May 22, 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