ALJDEC

97F-2224-ROC · Registrar of Contractors · 1997-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 12, 1997

APPEARANCES: Complainant did not appear at the hearing; Jo Ann Hand appeared on behalf of the Respondent.

ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein. 2. Respondent made a motion to dismiss the citation and complaint issued in this matter. CONCLUSIONS OF LAW 1. Complainant, 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 relevant, substantial and probative evidence, and consequently the record of this matter does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154 (A). RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by the Complainant, it is recommended that Respondent’s motion be granted and that the citation , together with the complaint upon which it is based, be dismissed.

Done this day, November 14, 1997.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

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

ATTN: Jennifer Varela

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

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