ALJDEC

98F-A0427-ROC · Registrar of Contractors · 1999-01-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 14, 1999, at 8:30 a.m. APPEARANCES: Complainant did not appear; Respondent appeared through its attorney, Michael Holdsworth, Esq. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

This matter came on for hearing January 14, 1999 pursuant to advance notice duly mailed to both parties. Complainant failed to appear, and Respondent appeared through its attorney, Michael Holdsworth, Esq., and its qualifying party, Troy Millsap. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

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. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154(A), as charged in the instant Citation.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case No. A98-0427 shall be dismissed.[1] Done this day, January 19, 1999.

_________________________________ Diane Mihalsky Administrative Law Judge

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

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

By _______________________________

----------------------- [1] The Administrative Law Judge erroneously informed Respondent’s qualifying party that, in light of Complainant’s failure to prosecute her complaints, the recommendation would be that that the matter would be closed, which meant that it would not be reported as a complaint. Instead, dismissals are not reported.

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