ALJDEC

98F-1854-ROC · Registrar of Contractors · 1998-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|MARILYN R. CERSONSKY, | |No. 98F-1854-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 067798, Class C-12 | | | |Of | | | |R AND M SECURITY SYSTEMS, INC., | | | | | | | |Respondent. | | | | | | |

HEARING: September 10, 1998 APPEARANCES: Complainant did not appear; nor did anyone on her behalf. Bob Graziano, president of the company, appeared on behalf of Respondent . ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________

FINDINGS OF FACT

1. By Notice of Hearing issued July 13, 1998, hearing in this matter was set for 9:00 a.m. on September 10, 1998. That notice was sent to Complainant’s last known address at 18616 N. 30th Place, Phoenix, AZ 85024. However, as noted above, Complainant did not appear, although an opportunity for her to do so was provided until 9:45 a.m. 2. Respondent’s representative was present, ready to testify and defend. 3. Because Complainant failed to appear and present evidence to prosecute her claim, the record is without evidence to support her complaint.

CONCLUSIONS OF LAW

1. Complainant bears the burden, by a preponderance of the evidence, of showing that Respondent has violated the statute, or statutes, cited in the Citation and Complaint. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996).

2. There is no evidence of record to show a violation of any statute cited in the Citation and Complaint, so Complainant has failed to sustain her burden of proof.

RECOMMENDED ORDER

On the basis of the forgoing findings and conclusions, IT IS RECOMMENDED that complaint 98-1854 against R and M Security Systems, Inc. be dismissed. Done this day, September 10, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

__________________________ Anthony Halas Administrative Law Judge

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

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

By _______________________________ -----------------------

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