ALJDEC

98F-2182-ROC · Registrar of Contractors · 1998-11-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 1998 APPEARANCES: No one appeared on behalf of the Complainant Kenneth Kidd and Dave Hauck, employees of the corporate Respondent, appeared on behalf of Starrick Plumbing, Inc. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

FINDINGS OF FACT This matter came on for hearing at the date, time and place scheduled in the Notice of Hearing. No one appeared on behalf of the Complainant. The record remained open 30 minutes and no information was received by the Administrative Law Judge which would show good cause or otherwise excuse the non appearance by the Complainant. The Respondent appeared and was ready to proceed. CONCLUSIONS OF LAW The Complainant has the burden of proof by a preponderance of the evidence and the burden of going forward with the presentation of such evidence. Absent the presentation of any evidence, the above burden cannot be met and a recommendation for dismissal of the case 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, November 9, 1998.

_________________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of October, 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