ALJDEC decisions subject to certification as final

2018A-04564-NPC-ROC · Registrar of Contractors · 2019-09-25

%IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24, 2019 APPEARANCES: No one appeared on behalf of Complainant Dunn Edwards Corportation. Respondent Antonio Jesus Felix appeared on behalf of himself. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson FINDINGS OF FACT The Arizona Registrar of Contractors duly issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. on September 24, 2019, at the Office of Administrative Hearings in Phoenix, Arizona. No representative for Complainant appeared by 1:20 p.m. and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 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 by a preponderance of the evidence. See A.A.C. R2- 19-119. Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. 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, September 25, 2019.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826