ALJDEC

97F-2099-ROC · Registrar of Contractors · 1997-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 7 1997

APPEARANCES: Dennis I. Wilenchik for the Respondent

ADMINISTRATIVE LAW JUDGE: Dennis L. Lusk _____________________________________________________________________ The above matter came on for hearing on October 7, 1997, at 9:00 a.m. The Respondent appeared by counsel, Dennis I. Wilenchik, and by its C.E.O., David Burris. Inspector Richard Stuart of the Registrar of Contractors was present. The Complainants failed to appear and the matter was adjourned to give ample opportunity to appear. At 9:40 a.m., the matter was again called. The Complainants had not appeared and there was no communication indicating any problems. The Respondent moved for a dismissal of the complaint. Based on the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended order are made.

FINDINGS OF FACT 1. That the Complainants did not present any evidence at the hearing in support of the allegations set forth in the complaint herein. 2) That Respondent incurred substantial travel expense by flying its C.E.O. to Phoenix from Florida to appear for this hearing (the Respondent has ceased to do business in Arizona). CONCLUSIONS OF LAW 1) That Complainants by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of the evidence. Therefore, the record does not support any finding that Respondent has violated the provisions of A.R.S. 32-1154, and that granting Mr. Wilenchik’s motion was warranted. RECOMMENDED ORDER Based on the foregoing, it is recommended that citation No. 97-2099, and the complaint upon which it is based, be dismissed.

Dated this 22nd day of October, 1997.

______________________________________ Dennis L. Lusk Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1997, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Varela 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826