ALJDEC decisions subject to certification as final

2014A-3404-ROC · Registrar of Contractors · 2016-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 1, 2016 APPEARANCES: No one appeared for Complainant; Jeff Shaughnessy for Respondent ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ FINDINGS OF FACT 1. On October 14, 2015, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on December 3, 2015, at the Office of Administrative Hearings in Phoenix, Arizona. 2. The matter was continued and reset to convene at 1:00 p.m. February 1, 2016. 3. No representative for Complainant appeared by 1:15 p.m. on February 1, 2016, and consequently, the matter was not convened and no evidence was taken. 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 that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. 2. Because Complainant failed to appear and prosecute the matter, the Citation and Complaint are unsupported by evidence. Consequently, this matter should be dismissed.

ORDER IT IS ORDERED that Case No. 2014-3404 and the related Citation are 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 is forty days after the date of that certification.

Done this day, February 1, 2016.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

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