ALJDEC

98F-1838-ROC · Registrar of Contractors · 1998-12-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 1, 1998 APPEARANCES: Complainant and Respondent both failed to appear for the hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Prior to the scheduled hearing date, Respondent contacted the Office of Administrative Hearings via telephonic communication, indicating that the instant matter had been settled. Although a document was faxed to this Tribunal intending to represent that Complainant had in fact agreed to withdraw his filed complaint and to vacate the hearing, the document received was inadequate to support such a conclusion. Absent any sufficient communication from Complainant indicating that he wished to cancel the scheduled hearing, the matter continued to remain scheduled for hearing and the parties were so advised. 2. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. 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 and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this citation, together with the complaint upon which it is based, be dismissed.

Done this day, December 8, 1998.

_________________________________ MARK A. SILVER Administrative Law Judge

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

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

By _______________________________

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