ALJDEC

98F-0238-ROC - audit · Registrar of Contractors · 1998-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|SUNSTATE PLUMBING, | |Case No. 98-0238 | | | |Docket No. 98F-0238-ROC | |Complainant, | | | | | | | |-v- | |DECISION AND RECOMMENDED ORDER ON | | | |REHEARING | |License No. 0922893, Class B Of| | | | | | | |SUN WEST DEVELOPMENT CO., INC., | | | | | | | |Respondent. | | | | | | |

The above-entitled matter came on for rehearing on May 11, 1998 pursuant to advance written notice duly sent to both parties. The Complainant failed to appear, and the Respondent also failed to appear. Based upon the entire record of this case, the following Findings of Fact, Conclusions of Law and Recommended Order on rehearing are made.

FINDINGS OF FACT

Complainant did not present any evidence at the rehearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

Complainant, by the aforementioned default in appearance at the rehearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A, as charged in the instant Citation.

RECOMMENDED ORDERON REHEARING

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended on rehearing that the entire Citation and Complaint in Case Number 98-0238 be dismissed.

Dated: May 13, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

ATTN: Joyce Armijo -----------------------

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