ALJDEC

98F-1519-ROC · Registrar of Contractors · 1998-06-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 18, 1998 APPEARANCES: No one appeared on behalf of the Complainant Kenneth Burgess dba Ashley Valley Builders, Respondent appeared in his own behalf ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

FINDINGS OF FACT This matter came on for hearing at the date, time and place set forth in the Notice of Hearing. The Respondent appeared with witnesses and was prepared to proceed. The record was kept open for 30 minutes to allow the Complainant time to appear or otherwise contact the Office of Administrative Hearings and show good cause for his delay or non appearance. The Complainant did not appear and nothing was heard from the Complainant. The Respondent moved for dismissal of the Complaint. CONCLUSIONS OF LAW The Complainant has the burden to prove the allegations of the Complaint by a preponderance of the evidence. The Complainant having failed to appear, no evidence was presented which could sustain the Complainant’s burden. No good cause appearing for the Complainant’s failure to appear, the following recommendation must be made. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Citation and Complaint upon which it is based be dismissed. Done this day, June 18, 1998.

_______________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of June, 1998, to:

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

By _______________________________

-----------------------

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