ALJDEC decisions subject to certification as final

2011A-6566-ROC · Registrar of Contractors · 2012-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 7, 2012, at 8:00 a.m. APPEARANCES: Complainant failed to appear. Respondent failed to appear. 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 present any evidence at the hearing in support of the allegations set forth in the Complaint herein. 2. This tribunal waited for an additional fifteen minutes but no one appeared on behalf of Complainant. 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. 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)(11) (failure to pay monies in excess of seven hundred fifty dollars when due) 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 7, 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