ALJDEC decisions subject to certification as final

2011A-5808-ROC · Registrar of Contractors · 2012-03-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 15, 2012, at 8:00 a.m. APPEARANCES: The Complainant failed to appear. The Respondent appeared through its attorney, Walter A. Ulrich, Esq. 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 present any evidence at the hearing in support of the allegations set forth in the Complaint herein. CONCLUSIONS OF LAW 1. The Complainant has the burden of demonstrating by a preponderance of the evidence that the Respondent violated the charged sections of the state’s contracting laws. See Culpepper v. State of Arizona, 187 Ariz. 431, 437-38, 930 P.2d 508 (Ariz. App. 1996). 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. The 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 finding that the Respondent has violated the charged provisions of A.R.S. § 32-1154 (A). 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, March 15, 2012.

/s/ M. Douglas Administrative Law Judge

Originally transmitted electronically on March 15, 2012, to:

William A. Mundell, Director Registrar of Contractors

Resubmitted electronically with corrections on March 19, 2012

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