VACATE

97F-H0118-ROC-COM · Registrar of Contractors · 1998-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This case was scheduled for a compliance hearing on November 5, 1998, in Kingman, Arizona. The purpose of the hearing was to determine whether Respondent had complied with the agreement set forth in the Registrar of Contractors’ Order dated February 2, 1998. At the time and place for the hearing, neither party appeared. This Office did not receive correspondence from either party. ROC Inspector Boyett was present to testify at the appointed time. This tribunal waited one-half hour past the scheduled start time, but neither side appeared so no hearing was held. Because Complainant failed to appear and prosecute its claim, the record contains no evidence supporting the complaint. Complainant bears the burden of showing, by a preponderance of the evidence, that Respondent has violated the statutes cited in the Citation and Complaint. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). Because Complainant failed to prosecute, this matter should be vacated. IT IS ORDERED that the compliance hearing is vacated and this matter is remanded to the Registrar of Contractors for closure.

Done this 9th day of November 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Eric A. Bryant Administrative Law Judge

. . .

Copies mailed this ___ day of November 1998, to:

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

Michael Dennis Bell Action Plastering P.O. Box 6551 Mohave Valley, AZ 86440

James Smerdell Fountain Homes Construction, Inc. P.O. Box 252 Bullhead City, AZ 86430

By _______________________________

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