ALJDEC decisions subject to certification as final

2018A-2426-CHC-ROC · Registrar of Contractors · 2018-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 17, 2018 APPEARANCES: No one appeared for Complainant; Ronald Leonard Harlin appeared for Respondent ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT 1. On August 30, 2018, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 8:30 a.m. October 17, 2018 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for Complainant had appeared by 9:10 a.m.,[1] 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; see also Ariz. Rev. Stat. §§ 41-1092.07(G)(2) and (G)(3). 2. Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation and Complaint are unsupported by evidence. 3. Because the Citation and Complaint are unsupported by any evidence, this matter should be dismissed. ORDER IT IS ORDERED that Case No. 2018-2426 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, October 17, 2018.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

----------------------- [1] Complainant also failed to submit a disclosure statement as required by Ariz. Admin. Code section R4-9-118.

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