ALJDEC decisions subject to certification as final

2016A-183-ROC · Registrar of Contractors · 2016-05-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 3, 2016 APPEARANCES: No one appeared for Complainant. Clarence Goodlett appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Suzanne Marwil _____________________________________________________________________ FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. Clarence Goodlett indicated that the parties had resolved the matter and offered proof of payment of the amount Respondent owed Complainant in the form of copies of checks. Goodlett said that Complainant was supposed to file a motion to vacate hearing in this matter but had not done so. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19- 119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s complaint be 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 will be 40 days from the date of that certification.

Done this day, May 4, 2016.

/s/ Suzanne Marwil 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