ALJDEC

97F-L0205-ROC · Registrar of Contractors · 1997-11-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 1997. APPEARANCES: Westco Paint, Inc., Complainant, failed to appear. Luther Smith appeared on behalf of All American Shed and Carpet Co., Respondent.

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (“Registrar”). Complainant failed to appear. Argument was presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT Complainant did not present any evidence at the hearing in support of the allegations set forth in the Complaint herein.

CONCLUSIONS OF LAW 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. Consequently, the record does not support any finding that Respondent violated state law, as charged in the instant Citation.

RECOMMENDED DECISION In view of the foregoing, and in light of the lack of prosecution by Complainant, this Judge recommends that Citation No. L97-0205, together with the Complaint upon which it is based, be closed. Done this day, November 12, 1997.

______________________________________ Kip M. Micuda 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