ALJDEC

98F-1326-ROC · Registrar of Contractors · 1998-06-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|PASSEY DESIGN, | |Case No. 98-1326 | | | |Docket No. 98F-1326-ROC | |Complainant, | | | | | | | |-v- | |DECISION AND RECOMMENDED ORDER | | | | | |License No. 111662, Class B Of | | | | | | | |GOLD CREEK, INC. | | | | | | | |Respondent. | | | | | | |

The above-entitled matter came on for hearing on June 15, 1998 pursuant to advance notice duly mailed to both parties. Complainant failed to appear, and Respondent also failed to appear. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order 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 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 ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case No. 98-1326 be dismissed.

Dated: June 16, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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