ALJDEC decisions subject to certification as final

2011A-3986-ROC-res · Registrar of Contractors · 2013-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 5, 2013

APPEARANCES: No one appeared on behalf of Complainant; Michael Bruner and Qualifying Party Lance Boyajian appeared for Respondent. ROC Inspector Mark Alyea appeared in order to testify.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was scheduled by Notice of Hearing for 8:00 AM on April 5, 2013. As noted above, Complainant did not appear at the appointed time and place. Lance Boyajian and Michael Bruner appeared for Respondent. This tribunal waited until 8:25 AM to see if Complainant would appear, but Complainant did not; nor did she contact the OAH by telephone. Because Complainant failed to appear and prosecute the claim, the record contains no evidence supporting the complaint. The burden of proof at an administrative hearing is generally upon the party asserting a claim, right, or entitlement.[1] Further, the standard of proof is “preponderance of the evidence,” meaning evidence showing that a particular fact is “more probable than not.”[2] Therefore, Complainant bears the burden of showing, by a preponderance of the evidence, that Respondent has violated the statutes cited in the Citation and Complaint. Complainant has not met that burden. By failing to appear and present evidence, Complainant has failed to show violation of the statutes cited in the Citation and Complaint. Considering the foregoing, IT IS RECOMMENDED that Case No. 2011-3986 and Case No. 2011-1313 against Absolute Comfort Cooling and Heating, Inc. dba Valle Del Sol Cooling and Heating 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, April 5, 2013.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Arizona Administrative Code (A.A.C.) R2-19-119(B). [2] Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996); In the Matter of the Appeal in Maricopa County Juvenile Action No. J- 84984, 138 Ariz. 282, 283, 674 P.2d 836, 837 (1983).

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