ALJDEC decisions subject to certification as final

2012A-3177-ROC · Registrar of Contractors · 2014-11-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 4, 2014 APPEARANCES: Seth Hargraves, Assistant Attorney General representing the Registrar of Contractors; James L. Barbour, witness ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ FINDINGS OF FACT 1. Complainant failed to appear at the hearing set on Complainant’s behalf. 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. By failing to appear at the hearing, the Complainant failed to meet the required burden of proof. Therefore, the appeal should be denied. RECOMMENDED DECISION In view of the foregoing, it is recommended that this appeal be denied.

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 is the date of certification. Done this day, November 4, 2014.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

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