ALJDEC

97F-2586-ROC · Registrar of Contractors · 1997-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|OTTO TRUCKING, INC., | |No. 97F-2586-ROC | | | | | |Complainant, | | | | | | | |-v- | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |License No. 079760, Class A-14 of | |LAW JUDGE | |CHARLES WILLIAM DEERWESTER dba | | | |DEERWESTER PAVING CO. (OWN), | | | | | | | |Respondent. | | | | | | |

HEARING: December 16, 1997 APPEARANCES: No one appeared on behalf of the Complainant Charles Deerwester of Deerwester Paving Co. appeared in his own behalf ADMINISTRATIVE LAW JUDGE: Allen W. Reed _____________________________________________________________________

This matter came on for hearing as scheduled. The Complainant was not present and no information was received by the Office of Administrative Hearings which would establish good cause for the Complainant’s failure to appear. The record was kept open for 30 minutes and there being no communication from the Complainant, the record was closed. The Complainant has the burden of going forward with the evidence and by a preponderance of the evidence to prove the allegations which have been made against the Respondent. Absent the presentation of any evidence which can be considered in this case, there is only one recommendation which can be made. . . . . . . . . . . . . . . . . . .

RECOMMENDED ORDER It is hereby recommended that the Citation and Complaint upon which it is based be dismissed. Done this day, December 16, 1997.

_______________________________ ALLEN W. REED Administrative Law Judge

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

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

By _______________________________

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