ALJDEC decisions subject to certification as final

2018A-3201-CPA-ROC · Registrar of Contractors · 2018-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 2018 APPEARANCES: No one appeared for either party ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT 1. On October 3, 2018, the Registrar of Contractors (“ROC”) issued a Notice of Hearing on Citation and Civil Penalty setting the above-captioned matter for hearing at 1:00 p.m. November 5, 2018 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for either party appeared by 1:15 p.m., and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. ROC bears the burden persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(3). 2. ROC failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation is unsupported by evidence. 3. Because the Citation is unsupported by any evidence, this matter should be dismissed. ORDER IT IS ORDERED that Case No. 2018-3201is 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, November 15, 2018. /s/ Thomas Shedden Thomas Shedden 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