ALJDEC

98F-1905-ROC-res · Registrar of Contractors · 1999-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 26, 1999. APPEARANCES: COMPLAINANT: Did not appear, nor did anyone on its behalf ; RESPONDENT: Did not appear, nor did anyone on its behalf ;

ADMINISTRATIVE LAW JUDGE: Anthony Halas ________________________________________________________________ This matter proceeded to hearing on February 26, 1999, for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (Registrar).

FINDINGS OF FACT

1. By NOTICE OF REHEARING issued December 30, 1998, rehearing in this matter was set for 9:00 a.m. on February 26, 1999, before the undersigned administrative law judge of the Office of Administrative Hearings. 2. However, as noted above, no one appeared at that time and place on behalf of either Complainant or Respondent, although an opportunity to do so was provided until 9:30 a.m. 3. To a certain extent, the absence of anyone on Complainant’s behalf was not unexpected: the day before, on February 25, 1999, a message was provided the undersigned that this office had received a telephone call indicating that no one would be appearing for Complainant. 4. Because Complainant failed to have a representative appear and present evidence to prosecute its claim, the record is without evidence to support its 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 its burden of proof.

RECOMMENDED ORDER On the basis of the forgoing findings and conclusions, IT IS RECOMMENDED that CITATION AND COMPLAINT in Case No. 98-1905 be dismissed. Done this day, February 26, 1999.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

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

ATTN: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826