ALJDEC decisions subject to certification as final
2016A-3888-ROC · Registrar of Contractors · 2017-01-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Cary Granite, Inc.
DBA Custom Stone Works,
COMPLAINANT,
v.
Gentry Estates LLC,
License No. 278337,
RESPONDENT.
No. 2016A-3888-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 13, 2017
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
_____________________________________________________________________
FINDINGS OF FACT
On November 29, 2016, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 10:00 a.m. January 13, 2017, at the Office of Administrative Hearings in Phoenix, Arizona.
No representative for either party appeared, and consequently, the matter was not convened and no evidence was taken.
CONCLUSIONS OF LAW
Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2).
Because no one appeared and prosecuted the matter, the Citation and Complaint are unsupported by evidence. Consequently, this matter should be dismissed.
ORDER
IT IS ORDERED that Case No. 2016-3888 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, January 17, 2017.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors