ALJDEC

97F-2247-ROC · Registrar of Contractors · 1997-11-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|MAURA O'NEILL, | | No. 97F-2247-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | | | |v. | |AND ORDER OF THE | | | | | |License No. 115734, Class C-30, of | |ADMINISTRATIVE | |KITCHEN AND BATH DEPOT, INC. | | | |(CORP), | |LAW JUDGE | | | | | |Respondent. | | | | | | |

HEARING: November 13, 1997; 9:30 A.M.; Phoenix, Arizona APPEARANCES: Complainant: None Respondent: Joel R. Stern, President ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter was set for hearing at 9:00 A.M. The start of the hearing was delayed until 9:30 A.M. Neither the Complainant Ms. Maura O’Neill nor a representative attended the hearing. No motion to continue the hearing was filed. Respondent Mr. Joel R. Stern, President, and Mr. George F. L. Bishop, the sales person on this contract, timely appeared on behalf of Kitchen and Bath Depot, Inc. The hearing was convened. Mr. Stern informed the Administrative Law Judge that Ms. O’Neill had recently passed away. No representative from Ms. O’Neill’s Estate appeared at the hearing or made a notice of appearance. The complainant has the burden of proof in these matters, and to be upheld, the allegations in a complaint must be established by the preponderance of the evidence. See, Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996), rev. denied (1992). No evidence was presented supporting the allegations of the complaint. Messrs. Stern and Bishop explained their positions for the record. The public records of the Arizona Registrar of Contractors do not show any confirmed complaints, except this complaint, have been filed during the past two years against the Respondent. RECOMMENDED ORDER It is recommended that the Director of the Arizona Registrar of Contractors dismiss Citation and Complaint No. 97-2247. SUBMITTED this 12th day of November, 1997.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order was mailed on November 13, 1997, for distribution to the parties, to:

Michael Goldwater Director Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007-2940

George A. Schade, Jr. -----------------------

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