ALJDEC decisions subject to certification as final

2012A-513-ROC · Registrar of Contractors · 2012-06-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 20, 2012, at 8:00 a.m. APPEARANCES: Complainant failed to appear. Respondent appeared through its attorney, J. Gregory Cahill Esq., Mariscal, Weeks, McIntyre & Friedlander, P.A. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for hearing pursuant to notice duly mailed to both parties. The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Complainant did not 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 these matters is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). 3. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154(A), as charged in the instant Citation. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this Citation, together with the Complaint upon which it is based, 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, June 26, 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